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ORDINANCES AND RESOLUTIONS 



OF THE 



Mayor and City Council 

OF BALTIMORE, 0P-3^1^»^«^^ t^.^-fe- 



PASSED AT THE ANNUAL SESSION 1980-1981 




Baltimore 

20th Century Printing Company, Inc. 

City Printers 

1981 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1980-1981 



No. 213 

(Council No. 317) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the property located on the Baltimore 
City College campus at 8220 The Alameda as outlined 
in red on the plats accompanying this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 4.7-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area on the property located on the Balti- 
more City College campus at 3220 The Alameda as out- 
lined in red on the plats accompanying this ordinance, 
under the provisions of Sections 4.7-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1976 Edition, a^ 
amended) title "Zoning'*. 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are adminis- 
tering the Zoning Ordinance, the President of the City 
Council shall sign the plat and when the Mayor approves 
the ordinance, he shall sign the plat. The Director of Fi- 
nance shall then transmit a copy of the ordinance and one 



4 ORDINANCES Ord. No. 214 

of the plats to the following: the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Commis- 
sioner of the Department of Housing and Community De- 
velopment and the Zoning Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 214 

(Council No. 321) 

AN ORDINANCE concerning 

DISORDERLY CONDUCT AT CITY COUNCIL 
MEETINGS 

FOR the purpose of prohibiting disorderly and disruptive 
behavior at Baltimore City Council meetings and pro- 
viding penalties. 

BY adding to 
Article 19 — Police Ordinances 
Subtitle — City Council Meetings 
Sections 218 and 219 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 218 and 219 be and they are 
hereby added to Article 19 of the Baltimore City Code 
(1976 Edition, as amended), to read as follows: 

218. Disorderly conduct; prohibited. 

No person shall act in a disorderly manner to the dis- 
turbance of the public peace at any meeting OR COM- 
MITTEE MEETING of the Baltimore City Council, 
whether the Baltimore City Council be meeting at Balti- 
more City Hall or at any other location. 



ORDINANCES 5 

219. Same; penalty. 

Any person violating WHO CONTINUES TO VIO- 
LATE the prohibitions of Section 218 AFTER A RE- 
QUEST FOR ORDER BY THE PRESIDING OFFICER 
shall be deemed guilty of a misdemeanor; and upon con- 
viction thereof, shall be subject to a fine of not more than 
five hundred dollars, or be confined in jail for a period of 
not more than sixty days or be both fined and imprisoned 
in the discretion of the court. ANY PERSON VIOLAT- 
ING THE PROVISIONS OF SECTION 218 AFTER HAV- 
ING BEEN CONVICTED OF A PRIOR VIOLATION OF 
THAT SECTION OCCURRING WITHIN THE PRECED- 
ING 12 MONTHS SHALL BE FINED NOT LESS THAN 
ONE HUNDRED DOLLARS FOR EACH VIOLATION, 
AND MAY BE IMPRISONED FOR NOT MORE THAN 
10 DAYS IF THE FINE IS NOT PAID. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 215 
(Council No. 393) 

AN ORDINANCE concerning 

CARRYING OF FIREARMS 

FOR the purpose of prohibiting the carrying of certain 
firearms, providing exceptions and providing penalties. 

BY amending 

Article 19 — Police Ordinances 

Section 98 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 98 of Article 19 of the Balti- 



6 ORDINANCES Ord. No. 215 

more City Code (1976 Edition, as amended) be and it is 
hereby repealed and reordained with amendments to read 
as follows: 

[Possession] Carrying of Firearms 

98. Unlawful to Carry ; exceptions. 

a. It shall be unlawful for any person to carry in any 
vehicles or about his person, except in his place of abode, 
fixed place of business, target range, gun show, historic 
rG-inactmcnt m^ mmi RE-ENACTMENT OR CIVIC event 
held on a National Monument or a Historic Shrine or pa- 
rade for which a permit has been obtained, any rifle, shot- 
gun or other firearms the barrel of which is over 14 inches 
in length; provide that this section shall not apply to: 

(1) Marshals, sheriffs, prison or jail wardens or their 
deputies while in the performance of their official duty. 

(2) Policemen or other law enforcement officers. 

(3) Members of the armed forces of the United States 
or of the National Guard or Organized Reserves when on 
duty. 

(4) Holders of special police commissions issued under 
§§ 60 to 70 of Article 41 of the Annotated Code of Mary- 
land, while actually on duty on the property for which the 
commission was issued or while travelling to or from such 
duty. 

(5) Uniformed security guards, special railway police, 
and watchmen who have been cleared for such employment 
by the Maryland Stat© Po^i^e APPROPRIATE GOVERN- 
MENTAL AGENCY, while in the course of their employ- 
ment or while travelling to or from the place of employ- 
ment. 

(6) Guards in the employ of a bank, savings and loan 
association, building and loan association, or express or 
armored car agency, while in the course of their employ- 
ment or while travelling to or from the place of em- 
ployment. 

(7) Manufacture, transportation or sale of weapons to 
persons authorized under law to possess such under the 
laws of the United States. 



ORDINANCES 7 

[(8) Transportation of weapons broken down in a 
nonfunctioning state or, if the weapon cannot be broken 
down, unloaded and in a closed container.] 

(8) Transportation of firearms unloaded and carried 
i/n an enclosed case or rack designed for that purpose. 

(9) Antique Firearms. The term "antique firearms" 
means: 

(a) Any firearm (including any firearm with a match- 
lock, flintlock, percussion cap, or similar type of ignition 
system) manufactured in or before 1898; and 

(h) Any replica of any firearm described in subpara- 
graph (a) if such replica — 

(i) Is not designed or redesigned for using rimfire or 
conventional center fire fixed ammunition, or 

(ii) Uses rimfire or conventional centerfire fixed am- 
munition ivhich is no longer manufactured in the United 
States and which is not readily available in the ordinary 
channels of commercial trade. 

b. It shall be unlatvful for any person to carry in any 
vehicle or about his person any rifle, shotgun or other fire- 
arms the barrel of tvhich is over 14- inches in length tvith 
the intent to use the rifle, shotgun or other firearm in the 
commission of a crime against the person or property of 
another. 

[b.] c. Any violation of the provisions of this section 
shall be deemed a misdemeanor, subject upon conviction to 
a fine of not more than $500 or to imprisonment for not 
longer than 60 days or to both fine and imprisonment, in 
the discretion of the Court. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



8 ORDINANCES Ord. No. 217 

No. 216 

(Council No. 406) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of providing for reserved parking on 
Vine Street between Arch and Pine Streets for physi- 
cians with permits. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the north side of Vine Street, from 
Arch Street to Pine Street, parking is reserved for physi- 
cians attending the Walter P. Carter Center displaying 
permits. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 217 

(Council No. 407) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of providing for reserved parking on the 
west side of Palmer Avenue near Belvedere Avenue for 
Walter Carter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the west side of Palmer Avenue 
from a point 78 feet south of Belvedere Avenue to a point 
100 feet south of Belvedere Avenue, parking is reserved 
for Walter Carter. 



ORDINANCES 9 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 218 
(Council No. 427) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Twenty-two Million 
Seven Hundred One Thousand Three Hundred Dollars 
($22,701,300) to the Department of Housing and Com- 
munity Development to be used for carrying out capital 
improvements included in the Federal Community De- 
velopment Block Grant Program for Baltimore City 
(Year VII). 

BY authority of 

Article VI — Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the entitlement application by Baltimore City 
for a Community Development Block Grant from the U.S. 
Department of Housing and Urban Development for the 
Year VII beginning January 1, 1981 proposes funding of 
$11,627,700 for operating activities and $22,701,300 for 
capital improvements ; and 

Whereas, it is intended that the aforementioned $11,- 
627,700 for operating activities will be made available in 
the fiscal 1982 Ordinance of Estimates in amounts to City 
Agencies as follows: $6,381,100 to the Department of Hous- 
ing and Community Development; $371,600 to the Depart- 
ment of Planning; and $4,875,000 to the Urban Services 
Agency; and 



10 ORDINANCES Ord. No. 218 

Whereas, it intended that the aforementioned $22,701,- 
300 for capital improvements will be made available to the 
Department of Housing and Community Development by 
this supplementary appropriation ordinance; and 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1981 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the said recommendation having 
been made at a regular meeting of said Board held on the 
5th day of November, 1980, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Balti- 
more City, the sum of Twenty-two Million Seven Hundred 
One Thousand Three Hundred Dollars ($22,701,300) shall 
be made available to the Department of Housing and Com- 
munity Development of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 
ing June 30, 1981 for the purpose of carrying out capital 
improvements included in the Federal Community Develop- 
ment Block Grant Program for Baltimore City (Year VII), 
provided that said improvements shall consist of the fol- 
lowing named projects : 

Barclay $ 484,500 

Coldspring 600,000 

Coldstream/Homestead/Montebello 228,000 

Druid Heights 235,000 

East Baltimore Midway 108,000 

Fells Point 753,500 

Financial District 20,000 

Franklin Square 301,500 

Gay Street 86,100 

Govans 125,000 

Greenmount West 473,500 

Inner Harbor East 220,000 



ORDINANCES 11 

Inner Harbor I 1,020,000 

Inner Harbor West 2,140,000 

Johnston Square 426,400 

Jonestown 311,600 

Midtown Belvedere 149,100 

Middle East 227,900 

Mondawmin Transit Station 153,500 

Mount Clare 4,500 

Mount Winans 60,000 

Municipal Center 20,000 

Oldtown 80,100 

Oliver 250,000 

Orchard-Biddle 526,600 

Park Heights 693,900 

Patterson Park 334,700 

Penn North 189,400 

Poppleton 1,334,800 

Public Housing Security 1,100,000 

Reservoir Hill 80,000 

Retail District 1,500,000 

Ridgely's Delight 85,300 

Sandtown-Winchester 1,273,100 

Sharp-Leadenhall 206,800 

Upper Fells Point 49,000 

Upton 1,440,800 

Washington Hill-Chapel 508,200 

Washington Village 466,000 

Rehabilitation Aid 3,322,500 

Economic Development 500,000 

Special Projects for Neighborhoods 612,000 

The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government, said sum being allotted to the 
Mayor and City Council of Baltimore by the U.S. Depart- 
ment of Housing and Urban Development under Title I of 
the Housing and Community Development Act of 1974 ; and 
said funds from said U.S. Department of Housing and 
Urban Development shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2 of the Baltimore City Charter (1964 
Revision as amended). 



12 ORDINANCES Ord. No. 219 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 219 
(Council No. 438) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BOND COLLINS LITHOGRAPHING & 

PRINTING COMPANY, iNC 

COLLINS LITHOGRAPHING AND 

PRINTING CO., INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the *'City") to issue, 
sell and deliver its industrial development revenue bond, 
to be issued as a single fully registered bond and desig- 
nated ''Baltimore City, Maryland Industrial Development 
Revenue Bond ( Collins Lithographing & Printing Com - 
paiiyy fe€- COLLINS LITHOGRAPHING AND PRINT- 
ING CO., INC. Project) ", in the principal amount not to 
exceed $1,000,000, pursuant to the provisions of Sections 
266 A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1978 Replacement Volume and 1980 
Cumulative Supplement), as amended, in order to loan 
the proceeds thereof to Collins Lithographing ^ Printing 
Company, fee. COLLINS LITHOGRAPHING AND 
PRINTING CO., INC., a Maryland corporation, for the 
sole and exclusive purpose of financing the acquisition of 
a certain industrial building in Baltimore City; authoriz- 
ing the Mayor of the City to accept, on behalf of the 
City, the letter of intent of Collins Lithographing & 
Printing Company, fee, COLLINS LITHOGRAPHING 
AND PRINTING CO., INC. to the City dated November 
13, 1980; making certain legislative findings, among 
others, concerning the public benefit and purpose of such 



ORDINANCES 13 

bond; authorizing the private (negotiated) sale of such 
bonds ; prescribing the method of determining the rate or 
the rates of interest such bond is to bear, the basic form, 
tenor, terms and conditions of and security for such bond 
and the terms and conditions under which such bond may 
be called for redemption prior to its stated maturity; au- 
thorizing and empowering the Board of Finance of the 
City, prior to the issuance, sale and delivery of such 
bond, to adopt a resolution pursuant to which the Board 
may specify, prescribe, determine, provide for and ap- 
prove certain matters, details, documents and procedures 
in connection with the authorization, issuance, sale and 
payment for such bond; providing that Collins Litho - 
graphing ^ Printing Company, i^^ COLLINS LITHO- 
GRAPHING AND PRINTING CO., INC. shall agree to 
submit certain plans and specifications to, and coordinate 
with, the Department of Housing and Community De- 
velopment in connection with the acquisition of the 
industrial building ; providing that, except under certain 
circumstances, if such bond is not issued and sold within 
six months from the date on which this Ordinance is 
approved by the Mayor of the City, the authorization 
provided in this Ordinance for the City to issue such 
bond shall expire; and generally providing for and de- 
termining various matters and details in connection with 
the authorization, issuance, security, sale and payment 
of such bond. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41 of the 
Annotated Code of Maryland ( 1978 Replacement Volume 
and 1980 Cumulative Supplement), as amended, (the 
"Act") empower all the counties and municipalities of 
the State of Maryland to issue revenue bonds and to 
loan the proceeds of the sale of such revenue bonds to 
an industrial concern to finance the acquisition (as de- 
fined in the Act) by such industrial concern of an in- 
dustrial building (as defined in the Act). The Act 
declares it to be the legislative purpose to relieve con- 
ditions of unemployment in the State of Maryland, to 
encourage the increase of industry and a balanced econ- 
omy in the State of Maryland, to assist in the retention 



14 ORDINANCES Ord. No. 219 

of existing industry in the State of Maryland through 
the control, reduction or abatement of pollution of the 
environment (where proceeds of the bonds are used for 
that purpose), to promote economic development, to 
protect natural resources and in this manner to promote 
the health, welfare and safety of the residents of each of 
the counties and municipalities of the State of Maryland. 

Mayor and City Council of Baltimore (the "City") 
has received a letter of intent dated November 13, 1980 
(the "Letter of Intent") from Collins Lithographing & 
Printing Company, fe^ COLLINS LITHOGRAPHING 
AND PRINTING CO., INC., a Maryland corporation and 
an industrial concern as mentioned in the Act (the "Bor- 
rower"), pursuant to which the Borrower has requested 
the City to participate in the financing of the acquisition 
by the Borrower of an industrial building (within the 
meaning of the Act) to be located in Baltimore City, 
Maryland (the "Industrial Building"), by the issuance 
and sale by the City of its Baltimore City, Maryland 
Industrial Development Revenue Bond ( Collin s Litho - 
graphing & Printing Company COLLINS LITHO- 
GRAPHING AND PRINTING CO., INC. Project), in 
the principal amount not to exceed $1,000,000 (the 
"Bond"), and by loaning the proceeds of the Bond to the 
Borrower upon the terms and conditions of a loan agree- 
ment to be entered into between the City and the Bor- 
rower (the "Loan Agreement"), as permitted by the Act 
(such loan being herein referred to as the "Loan") . 

The Industrial Building will consist of (a) the acqui- 
sition and installation of certain equipment by the Bor- 
rower at the Borrower's place of business which is lo- 
cated at 501 West Twenty-Third Street in Baltimore City 
(the "Property") and (b) the oonstruction by the Bor- 
rower on the Property of certain new improvements, 
which equipment and improvements shall be used by the 
Borrower in connection with its printing business. 

The Loan Agreement will require the Borrower (a) 
to use the proceeds of the Bond solely to finance the 
acquisition of the Industrial Building, and (b) to make 
Loan payments which will be sufficient to enable the 
City to pay the principal of and interest and premium, 



ORDINANCES 15 

if any, on the Bond when and as the same shall become 
due and payable. 

As security for the Bond, the City will enter into an 
Assignment and Security Agreement (the ''Assign- 
ment") with the original purchaser of the Bond (the 
''Original Purchaser"), and a trustee (which may be 
the Original Purchaser) (the "Trustee"). Pursuant to 
the Assignment, the City ^vill assign to the Original Pur- 
chaser, its successors and assigns, (among other things) 
(a) all of the City's right, title and interest in and to 
and remedies under the Loan Agreement, including 
(without limitation) any and all collateral referred to 
therein, excepting only the right of the City to indem- 
nification by the Borrower and to payments to the City 
for expenses incurred by the City itself, (b) the receipts 
and revenues of the City from the Loan, (c) certain 
moneys which are at any time or from time to time on 
deposit with the Trustee, (d) all right, title and interest 
in and to and remedies with respect to any and all other 
property of every description and nature from time to 
time by delivery or by writing of any kind conveyed, 
pledged, assigned or transferred, as and for additional 
security for the Bond, by the City or by anyone on its 
behalf or with its written consent, to the Original Pur- 
chaser, its successors or assigns, and (e) all of the 
City's right, title and interest in and to and remedies 
under such other documents, including (without limita- 
tion) mortgages, deeds of trust, guaranties and security 
instruments as the Board of Finance of the City (the 
"Board") shall deem necessary to effectuate the issuance, 
sale and delivery of the Bond and which the Board shall 
approve by a resolution (the "Resolution") to be adopted 
by the Board prior to the issuance, sale and delivery of 
the Bond. If the Board finds and determines, pursuant 
to the Resolution, that the Industrial Building will be 
completed on or before the date of delivery of the Bond, 
the Board may provide in the Resolution that (a) the 
Trustee is not necessary, and (b) the City will enter 
'into the Assignment with only the original purchaser 
of the Bond. 

As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 



16 OKDINANCES Ord. No. 219 

chaser and an industrial concern within the meaning of 
the Act. 

The Bond will be sold by private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bond by the City pur- 
suant to the Act in order to lend the proceeds thereof to 
the Borrower for the sole and exclusive purpose of financ- 
ing the acquisition (within the meaning of the Act) by 
the Borrower of the Industrial Building will facilitate and 
expedite the acquisition of the Industrial Building by the 
Borrower. 

(2) The acquisition of the Industrial Building by the 
Borrower and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes 
of the Act by (a) sustaining jobs and employment, thus 
relieving conditions of unemployment in the State of Mary- 
land and in Baltimore City; (b) encouraging the increase 
of industry and the creation of a balanced economy in the 
State of Maryland and in Baltimore City; (c) assisting 
in the retention of existing industry in the State of Mary- 
land and in Baltimore City; (d) promoting economic de- 
velopment; and (e) promoting the health, welfare and 
safety of the residents of the State of Maryland and Balti- 
more City. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Borrower, the Act, as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the form of a loan by the City to the Borrower. 
The loan form of transaction avoids indirect costs and 
burdens on the City by not requiring any direct involve- 
ment by the City in the acquisition, ownership or admin- 
istration of the Industrial Building, while permitting ample 
controls to be imposed on the use of the proceeds of the 
Bond to insure that the public purposes of the Act and 



ORDINANCES 17 

the Bond are fully accomplished. It is, therefore, in the 
best interests of the citizens of the City to finance the 
acquisition of the Industrial Building by a loan to the Bor- 
rower. This Ordinance contemplates and authorizes a 
transaction in the foiTn of a loan of the proceeds of the 
Bond by the City to the Borrower, rather than a trans- 
action in the form of a lease or sale of the Industrial 
Building. Accordingly, this Ordinance, together with the 
Resolution, the Assignment, and the Loan Agreement au- 
thorized hereby, and the other documents referred to 
herein, contain, or shall contain, such provisions as the 
City deems appropriate to effect the financing of the ac- 
quisition by the Borrower of the Industrial Building by the 
loan form of transaction. 

(4) Neither the Bond nor the interest thereon shall 
ever constitute an indebtedness or general obligation of the 
City or a charge against, or pledge of the general credit 
or taxing powers of the City, within the meaning of any 
constitutional or charter provision or statutoiy limitation, 
and neither shall ever constitute or give rise to any 
pecuniaiy liability of the City. The Bond and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the 
City by the Borrower on account of the Loan and from 
any other moneys made available to the City for such 
purpose. The proceeds of the Bond will be paid directly 
to the Trustee to be held and disbursed by the Trustee as 
provided in the Assignment to be approved by the Board 
in the Resolution; provided, however, that if the Board 
finds and detennines, pursuant to the Resolution, that the 
Industrial Building will be completed on or before the 
date of delivery of the Bond, the Board may provide in 
the Resolution that the proceeds of the Bond will be paid 
directly to the Borrower, or for the account of the Bor- 
rower, to be used by the Borrower to pay the costs of, 
or to reimburse the Borrower for the pajment of the 
costs of, the completion of the Industrial Building, as 
provided in the Assignment to be approved by the Board 
in the Resolution. Payments of the principal of and pre- 
mium (if any) and interest on the Loan will be paid by 
the Bon-ower directly to the holder of the Bond as pro- 



18 ORDINANCES Ord. No. 219 

vided in the Assignment to be approved by the Board in 
the Resolution. No such moneys will be comming"led with 
the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bond are 
used to accomplish the public purposes of the Act and 
this Ordinance. The Act provides that a loan form of 
transaction thereunder shall in no event constitute a capital 
project within the meaning of any charter or statutory 
provision. The public purposes expressed in the Act are 
to be achieved by facilitating the acquisition of the Indus- 
trial Building by the Borrower. 

(5) The City will acquire no interest in the Industrial 
Building other than (a) any general interest in the Bor- 
rower's property shared by all holders of the Borrower's 
obligations which rank and are secured equally with the 
Borrower's obligations pursuant to the Loan Agreement, 
(b) any lien and security interest created by the Loan 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument 
executed and delivered by the Borrower or any third party 
as security for the Loan as the Board may provide for and 
approve in the Resolution. The security for the Bond shall 
be solely and exclusively (a) the absolute, irrevocable and 
unconditional obligations of the Borrower to make the 
payments required by the Loan Agreement, (b) moneys 
realized from the liquidation of any lien and security in- 
terest created by the Loan Agreement and of any other 
lien or security interest created with respect to any prop- 
erty as security for the Loan or the Bond as the Board 
may provide for and approve in the Resolution, and (c) 
moneys realized from any guaranty of the Bond or of the 
Loan as the Board may provide for and approve in the 
Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation account 
(mentioned in the Act) . Such a depreciation account would 
(a) be inconsistent vdth the transaction authorized hereby, 
and (b) place an unreasonable burden on the Borrower 
so as to adversely affect the feasibility of the transaction 



ORDINANCES 19 

and thus frustrate the legislative purposes of the Act. The 
Borrower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Industrial Building 
during the time the Bond is outstanding. Such covenant 
and agreement shall include a specific undertaking by the 
Borrower to make all equipment replacements and repairs 
necessary to insure that the security for the Bond shall 
not be impaired. 

(7) The best interests of the City will be served by 
selling the Bond by private (negotiated) sale, as authorized 
by the Act, upon terms and conditions approved by the 
Board in the Resolution. 

(8) As evidenced by the Letter of Intent, the Industrial 
Building is to be acquired by a bona fide tenant or pur- 
chaser and by an industrial concern within the meaning 
of the Act. 

Sec. 2. And be it further ordained, That the City is hereby 
authorized and empowered to issue, sell and deliver, at 
any time or from time to time, its Baltimore City, Mary- 
land Industrial Development Revenue Bond ( Collins Litho - 
graphing & Printing Company, fee^ COLLINS LITHO- 
GRAPHING AND PRINTING CO., INC. Project), in the 
principal amount not to exceed $1,000,000 subject to the 
provisions of this Ordinance. The proceeds of the Bond will 
be loaned to the Borrower pursuant to the terms and pro- 
visions of the Loan Agreement, to be used by the Borrower 
for the sole and exclusive pui-pose of financing the acqui- 
sition of the Industrial Building. The Bond and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the City 
by the Borrower pursuant to the Loan Agreement and from 
any other moneys made available to the City for such 
purpose. The security for the Bond shall be solely and ex- 
clusively as provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That the Mayor of 
the City is hereby authorized and directed to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the binding commitment of the City to issue, sell 
and deliver the Bond in accordance with the terms and 



20 ORDINANCES Ord. No. 219 

provisions of this Ordinance. This Ordinance is intended 
to be, and shall constitute, a binding and enforceable com- 
mitment by the City to the Borrower to issue and deliver 
the Bond authorized hereby in accordance with the terms 
hereof; however, the City can make no assurances as to 
the availability of a ready, willing and able purchaser of 
the Bond, and the City will have no obligation to find a 
purchaser for the Bond. The City and the Borrower con- 
template that upon the enactment of this Ordinance by the 
City the Borrower may proceed with the acquisition of 
the Industrial Building prior to the issuance, sale and de- 
livery of the Bond authorized hereby. 

Sec. 4. And be it further ordained, That the Bond shall 
bear the descriptive title ** Baltimore City, Maryland Indus- 
trial Development Revenue Bond ( Collins Lithographing & 
Printing Company, ii^ COLLINS LITHOGRAPHING 
AND PRINTING CO., INC. Project) ", provided, that the 
descriptive title may contain such other descriptive in- 
formation as the Board may prescribe in the Resolution 
(e.g. ''1980 Series" or 1981 Series"). The Bond shall bear 
interest from the date of delivery at a fluctuating rate of 
interest not exceeding 70% of the commercial prime rate 
of interest in effect at The Equitable Trust Company (the 
**Bank") from time to time (the "Tax-Exempt Rate"), 
provided, however, that during any period in which the 
interest payable on the Bond is for any reason includible 
in the gross income (as defined in Section 61 of the In- 
ternal Revenue Code of 1954, as amended) of any holder 
of the Bond, such Bond may bear interest at a fluctuating 
rate of interest not exceeding the commercial prime rate 
of interest in effect at the Bank from time to time plus 
one per centum (1%) per annum (the "Taxable Rate"); 
provided further that the exact rate or rates of interest 
shall be prescribed by the Board in the Resolution (within 
the limits herein prescribed). Interest on the Bond shall 
be payable monthly on dates to be prescribed by the Board 
in the Resolution. The principal of the Bond shall be pay- 
able in monthly installments on dates and in amounts to 
be prescribed by the Board in the Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bond, which may be engraved, printed or tjnpewritten, shall 



ORDINANCES 21 

be substantially in the following basic fonn wdth such 
appropriate variations, omissions, insertions and additional 
provisions as the Board may approve in the Resolution : 



FORM OF BOND 



No. R- 



UNITED STATES OF AMERICA 

STATE OF MARYLAND 

BALTIMORE CITY, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

( COLLINS LITHOGRAPHING & PRINTING 

COMPANY, m^ COLLINS LITHOGRAPHING 

AND PRINTING CO., INC. PROJECT), 

19.... SERIES 

DATED : 

FOR VALUE RECEIVED, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, a body politic and corporate and a 
political subdivision of the State of Maryland (the ^'Is- 
suer"), hereby promises to pay (but only out of the 
"Receipts and Revenues of the Issuer from the Loan", as 

hereinafter defined) to the order of 

(the "Bank"), or its 

successor, assignee or legal representative, the principal 

sum of DOLLARS, payable 

at the times and in the manner hereinafter set forth, and 
to pay interest on the unpaid principal amount hereof 

from , 19 .... , until paid in full (or, 

if this bond, or any portion hereof, shall have been duly 
called for early redemption and payment of the redemption 
price shall have been made, until the date fixed for such 
early redemption) at the fluctuating rate per annum which 
is at all times equal to (the "Tax- 
Exempt Rate"), payable at the times and in the manner 
hereinafter set forth; provided, however, that not^vith- 
standing any of the foregoing provisions, during any period 
in which the interest payable hereon is for any reason 
includible in the gross income (as defined in Section 61 of 
the Internal Revenue Code of 1954, as amended) (the 
"Code") of the holder hereof, the rate of interest payable 
on the unpaid principal amount hereof shall be at the 



22 ORDINANCES Ord. No. 219 

fluctuating rate per annum which is at all times equal 
to (the ^Taxable Rate") . 

All interest on this bond shall be calculated on the basis 
of a 360-day year factor applied to actual days elapsed and 
shall be adjusted on any date on which a change occurs 
in the commercial prime rate of interest in effect at the 
Bank. 

The principal hereof and interest hereon, at the ap- 
plicable rate in effect from time to time as set forth above, 
•shall be paid in any coin or currency of the United States 
of America which, at the respective times of payment, is 
legal tender for the payment of public and private debts, 
as follows: 

(a) interest on the outstanding principal balance, but 
only to the extent that sums are actually disbursed from 
the Project Fund (hereinafter defined) by the Trustee 
(hereinafter defined) pursuant to the Assignment (here- 
inafter defined) and the Loan Agreement (hereinafter 

defined) shall be payable on the day of each 

month of each year, commencing on the day 

of and thereafter until paid in full (or until the 

date fixed for early redemption as referred to above) ; 

(b) the principal sum shall be payable in equal con- 
secutive monthly installments in the amount of $ 

each, beginning on the day of , .... and 

•on the day of each and every month thereafter, 

continuing to and including the day of , 

. . . . ; and 

(c) the entire unpaid principal amount hereof and all 
accrued and unpaid interest hereon shall be due and pay- 
able on , . . . . , if not paid earlier. 

During any period in which the rate of interest payable 
hereon is increased to the Taxable Rate, the Issuer agrees 
to make all pajmients hereon in an amount increased 
(retroactively and prospectively) to include interest at the 
Taxable Rate, and the monthly installments of principal 
and interest as stated above shall be adjusted accordingly 
during any such period. 

All pajonents of the principal hereof (including any 
redemption) and interest hereon shall be made by check 



ORDINANCES 23 

mailed by Collins Lithographing ^ Printing Compan}^^ fe^r 
COLLINS LITHOGRAPHING AND PRINTING CO., INC., 

a Maryland corporation (the ''Borrower"), to the holder 
hereof at the address indicated on the registration books 
of the Bond Registrar (hereinafter defined), ^\'ithout the 
necessity of surrendering or presenting this bond, and all 
such payments shall fully discharge the obligation of the 
Issuer herein to the extent of the payments so made. 

In the event any payment hereon is not paid within 15 
days from the date on which the same is due and payable, 
the payment so in default shall continue as an obligation 
of the Issuer (limited as herein provided) ^vith interest 
thereon at the Taxable Rate until paid in full. In addi- 
tion, the Issuer shall pay (solely from the sources herein 
provided) a late charge in an amount equal to 5% of the 
amount of any pa^Tnent of interest or principal as set 
foi-th above which is made more than 15 days after the 
date on which the same is due and payable. 

All pajTnents hereon, including prepayments, shall be 
applied first to accrued and unpaid interest and the balance 
to principal. 

This bond is issued under and pursuant to the Consti- 
tution and laws of the State of Maryland, particularly 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume and 
1980 Cumulative Supplement), as amended (the "Act"), 

and under and pursuant to Ordinance No , approved 

by the Mayor of the Issuer on (the 

"Ordinance"), and by a resolution adopted by the Board 

of Finance of the Issuer on (the 

"Resolution"), for the purpose of financing the acquisition 
of a certain industrial building (the "Industrial Building") 
by the Borrower, to be located within the geographical 
boundaries of the Issuer. 

The proceeds of this bond are being loaned to the Bor- 
rower by the Issuer under a Loan Agreement dated as of 
even date herewith, between the Borrower and the Issuer 
(the "Loan Agreement"). 

This bond is issued under an Assignment and Security 
Agreement dated as of even date here\\dth (the "Assign- 



24 ORDINANCES Ord. No. 219 

ment") by and among the Issuer, the Bank and The 
Equitable Trust Company, as Trustee (the 'Trustee"), 
and, to the extent provided therein, is secured and entitled 
to the protection given by the Assignment. Pursuant to 
the Assignment, the Issuer has assigned to the Bank, its 
successors and assigns, (among other things) the ''Receipts 
and Revenues of the Issuer from the Loan", which term is 
used herein as defined in the Assignment. 

Pursuant to the Assignment and the Loan Agreement, 
the proceeds of this bond have been paid over to the 
Trustee and deposited by the Trustee into the Project 
Fund created under the Assignment (the "Project Fund"). 
Since the Assignment and the Loan Agreement provide 
that moneys on deposit in the Project Fund will not be 
invested by the Trustee, interest on this bond will be pay- 
able only to the extent that moneys in the Project Fund 
are actually disbursed from the Project Fund by the Trus- 
tee, pursuant to the Assignment and the Loan Agreement. 

Pursuant to the Loan Agreement, payments sufficient 
for the prompt payment when due of the principal of and 
premium, if any, and interest on this bond are to be paid 
by the Borrower directly to the holder hereof, and have 
been assigned for that purpose. 

As more fully provided in the Assignment, this bond 
does not constitute an indebtedness or obligation to which 
the faith and credit of the Issuer is pledged, but is a 
limited obligation of the Issuer, which is obligated to pay 
the principal of, the interest on, and the redemption pre- 
mium (if any) on, this bond only out of the receipts and 
revenues of the Issuer from the loan. This bond may also 
be paid out of any other moneys made available to the 
Issuer for the payment thereof. By the terms of the Act, 
the principal of, the interest on, or the redemption pre- 
mium (if any) on, this bond, do not, and shall not ever, 
constitute an indebtedness or charge against the general 
credit or taxing powers of the Issuer within the meaning 
of any constitutional or charter provision or statutory 
limitation and shall not constitute or give rise to any 
pecuniary liability of the Issuer. 

Reference is hereby made to the Asisignment for a full 
and complete statement of the provisions with respect to 



ORDINANCES 25 

the custody and application of the proceeds of this bond, 
the collection and disposition of the Receipts and Revenues 
of the Issuer from the Loan assigned as security for the 
payment of this bond and the interest thereon, the nature 
and extent of the security and the rights of the registered 
owner of this bond, the terms and conditions on which, 
and the purposes for which, this bond is issued and the 
rights, duties and obligations of the Issuer thereunder, 
to all of Which the holder hereof, by acceptance of this 
bond, assents. 

In the manner and with the effect provided in the As- 
signment, this bond may be redeemed, at the option of 
the Issuer (but only upon direction by the Borrower and 
from moneys made available by the Borrower for such 

purpose) , prior to maturity, on or after , 

either as a whole at any time or in part from time to time 
on any interest payment date, at a redemption price equal 
to the principal amount thereof to be redeemed, together 
with unpaid interest accrued to the date fixed for redemp- 
tion, without payment of premium or penalty. Any partial 
redemption shall be applied to the principal to be redeemed 
in the inverse order of the installment payment dates. 

Any such optional redemption, either in whole or in part, 
shall be made upon at least .... days prior notice in the 
manner and upon the terms and conditions provided in 
the Assignment. If this bond or any portion hereof shall 
have been duly called for redemption and payment of the 
redemption price, together with unpaid interest accrued 
to the date fixed for redemption, shall have been made, 
all as more fully set forth in the Assignment, interest on 
this bond or such portion hereof shall cease to accrue from 
the date fixed for redemption, and from and after such 
date this bond or the portion hereof duly called for redemp- 
tion shall no longer be entitled to any benefit or security 
under the Assignment, and, except as provided in the Loan 
Agreement, the holder hereof shall have no rights in re- 
spect of this bond or such portion hereof so called for re- 
demption except to receive payment of such redemption 
price and unpaid interest accrued to the date fixed for 
redemption. 



26 ORDINANCES Ord. No. 219 

The amount of any partial redemption, and the date on 
which the same is made, shall be noted by the holder on 
Schedule A attached hereto and made a part hereof. 

At the option of the holder hereof, upon at least 90 days' 
prior written notice given by the holder hereof to the 
Borrower and to the Issuer, the Tax-Exempt Rate may be 

changed on either or provided 

however, that the new Tax-Exempt Rate shall not be less 
than 65% of the commercial prime rate of interest in 
effect at the Bank from time to time nor be greater than 
the commercial prime rate of interest in effect at the Bank 
from time to time and that any such change in the Tax- 
Exempt Rate must be approved by the Borrower and the 
Issuer and shall be subject to the adoption of an appro- 
priate resolution by the Board of Finance of the Issuer 
authorizing such change as may be required at the time. 
In the event that either the Borrower or the Issuer do not 
approve the holder's election to change the Tax-Exempt 
Rate, this Bond shall be subject to mandatory redemption, 
in the sole and absolute discretion of the holder hereof, 
in whole but not in part, upon at least 30 days' prior 
written notice given by the holder to the Issuer and to the 

Borrower, on either or , all as 

set forth in the Assignment. 

In certain events, on the conditions, in the manner and 
with the effect set forth in the Assignment, the stated ma- 
turity of this bond may be accelerated by the holder hereof, 
in which event the principal of this bond, together with 
the interest accrued thereon, shall become immediately due 
and payable. 

This bond shall be registered on the books of the Issuer 
to be kept for that purpose at the office of the Director 
of Finance or any other person maintaining books for the 
registration and transfer of this bond pursuant to the 
provisions of the Assignment (the "Bond Registrar"). 
This bond shall be transferable only upon such books at 
such office by the holder hereof or by its duly authorized 
officer or attorney. This bond may be transferred upon 
surrender hereof at the principal office of the Bond Regis- 
trar with a written instrument of transfer satisfactory to 
the Bond Registrar, duly executed by the holder hereof or 



ORDINANCES 27 

his duly authorized attorney. Such transfers shall be with- 
out charge to the holder hereof, but any taxes or other 
governmental charges required to be paid with respect to 
the same shall be paid by the holder requesting such trans- 
fer as a condition precedent to the exercise of such 
privilege. 

The Issuer and the Borrower may deem and treat the 
person in whose name this bond is registered as the ab- 
solute holder hereof for all purposes; and neither the 
Issuer nor the Borrower shall be affected by any notice 
to the contrary. 

All acts, conditions and things required by the Constitu- 
tion and statutes of the State of Maryland, the Ordinance, 
the Resolution and the Assignment to exist, to have hap- 
pened and to have been performed precedent to and in the 
issuance of this bond, do exist, have happened and have 
been performed. 

In any case where any date of payment of interest on, 
or principal of, this bond, or the date fixed for any re- 
demption of this bond shall be, in the city of payment, a 
Sunday or legal holiday, or a day on which banking 
institutions are authorized by law to close, then payment 
of interest or principal (and premium, if any) need not 
be made on such date in such city but may be made on the 
next succeeding business day not a Sunday or a legal 
holiday or day upon which banking institutions are au- 
thorized by law to close with the same force and effect 
as if made on the date of payment or the date fixed for 
redemption. 

No covenant or agreement contained in this bond or the 
Assignment shall be deemed to be a covenant or agree- 
ment of any officer, agent or employee of the Issuer in his 
individual capacity, and neither the members of the City 
Council of Baltimore, Maryland, nor any official executing 
this bond shall be liable personally on this bond or be 
subject to any personal liability or accountability by reason 
of the issuance of this bond. 

IN WITNESS WHEREOF, the Issuer has caused this 
bond to be executed in its name and on its behalf by the 
Mayor of the Issuer by his manual or facsimile signature. 



IWDIXAXCES 1^4. No. 21* 



«f Finance of thse Issaer fagr kis 

^ and has caused its ctx^ 
ti> be ijiip(«ssed 

•ftfe >gE^of 15 

MAYOR AVD CITY COUNCIL 



iszal: s- 




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C^is: ^CrrSeal ^>^^"ec!ar c^ Finajice 


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ORDIXANXES 29 

manual signature. In case any officer whose signature or 
a facsimile of whose signature shall appear on the Bond 
or any of the aforesaid documents shall cease to be such 
officer before the deliveiy of the Bond or any of the other 
aforesaid documents, such signature or such facsimile 
shall neveitheless be valid and sufficient for all purposes, 
the same as if such officer had remained in office until 
delivery. The !Mayor of the City, the Director of Finance 
of the City, the Custodian of the City Seal and other offi- 
cials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents 
and certificates as the Board may detemiine in the Resolu- 
tion to be necessaiy to cany out and comply with the 
pro^-isions hereof. 

Sec. 7. And he it further ordained. That the Bond shall 
be executed, issued and delivered at any time or from time 
to time and in such amount not exceeding the principal 
amount of SI, 000. 000. as the Board shall prescribe in the 
Resolution. 

Sec. 8. And he it further ordained, That the Bond may 
be dated, may be of such tenor (not inconsistent with the 
applicable form of the Bond set forth in Section 5 of this 
Ordinance), and may be payable in such amounts at such 
times not exceeding 30 years from the date thereof and 
at such place or places as the Board shall prescribe in the 
Resolution. 

Sec. 9. And he it further ordmned. That the Bond will 
be subject to redemption prior to maturity upon sub- 
stantially the temis and conditions contained in the fomi 
of the Bond set forth in Section 5 of this Ordinance and 
upon such other terms and conditions as the Board shall 
prescribe in the Resolution. 

Sec. 10. And he it further ordained. That prior to the 
issuance, sale and delivery of the Bond, the Board shall 
adopt the Resolution pursuant to which the Board may: 

(a) prescribe the final form, tenor, terms and condi- 
tions of and security for the Bond ; 



30 ORDINANCES Ord. No. 219 

(b) prescribe the actual amount, date, rate or rates 
of interest (within the limits herein prescribed), actual 
maturity (within the limits herein prescribed), and the 
place or places of payment of the Bond, and the final terms 
and conditions and details under which the Bond may be 
called for redemption prior to its stated maturity ; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Assignment and (iii) such other doc- 
uments, including (without limitation) mortgages, deeds 
of trust, guaranties and security instruments as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bond ; 

(d) determine the time or times of execution, issuance, 
sale and delivery of the Bond and prescribe any and all 
other details of the Bond ; 

(e) provide for the direct payment by the Borrower 
of all costs, fees and expenses incurred by or on behalf 
of the City in connection with the issuance, sale and de- 
livery of the Bond, including (without limitation) costs of 
printing (if any) and issuing the Bond, legal expenses 
(including the fees of Bond Counsel) and compensation 
to any person (other than full time employees of the City) 
performing services by or on behalf of the City in connec- 
tion therewith ; and 

(f) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bond. 

Sec. 11. And be it further ordained, That the Loan 
Agreement shall contain such terms, provisions and condi- 
tions as the Board shall prescribe in the Resolution. 

Sec. 12. And he it further ordained, That the Assign- 
ment shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution for the pro- 
tection and enforcement of the rights and remedies of the 
holder of the Bond. 

Sec. 13. And be it further ordained, That, as authorized 
by the Act, the Bond shall be sold by private (negotiated) 



ORDINANCES 31 

sale upon such terms and conditions as shall be approved 
by the Board in the Resolution. 

Sec. 14. And he it further ordained, That neither the 
Bond nor the interest thereon shall ever constitute an in- 
debtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part 
of the City. The Bond, and the interest thereon, shall be 
limited obligations of the City, the principal of and in- 
terest on which Bond shall be payable by the City solely 
from the revenue derived from Loan repayments (both 
principal and interest) made to the City by the Borrower 
on account of the Loan and, to the extent provided by the 
Board in the Resolution, from the proceeds of the Bond, 
and from any other moneys made available to the City 
for such purpose. The proceeds of the Bond will be de- 
posited with the Trustee to be held and disbursed by the 
Trustee as provided in the Assignment to be approved by 
the Board in the Resolution; provided, however, that if 
the Board finds and determines, pursuant to the Resolu- 
tion, that the Industrial Building will be completed on 
or before the date of delivery of the Bond, the Board may 
provide in the Resolution that the proceeds of the Bond 
will be paid directly to the Borrower, or for the account 
of the Borrower, to be used by the Borrower to pay the 
costs of, or to reimburse the Borrower for the payment of 
the costs of, the completion of the Industrial Building, 
as provided in the Assignment to be approved by the Board 
in the Resolution. Payments of the principal of and pre- 
mium (if any) and interest on the Loan will be paid by 
the Borrower directly to the holder of the Bond as pro- 
vided in the Assignment to be approved by the Board in 
the Resolution. No such moneys will be commingled with 
the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such Hmited super- 
vision and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bond are used 
to accomplish the public purposes of the Act and this 
Ordinance. 



32 ORDINANCES Ord. No. 219 

Sec. 15. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bond by those 
who shall hold the Bond from time to time, the City does 
hereby, and by the execution and delivery of the Assign- 
ment to be approved by the Board, shall pledge the 
income and revenue under the Loan Agreement (other 
than payments to the City for indemnification or to reim- 
burse the City for expenses incurred by the City itself) 
to the Original Purchaser, its successors and assigns, to be 
used and applied for the payment of the principal of and 
premium (if any) and interest on the Bond. Pursuant to 
the terms of the Loan Agreement, to be approved by the 
Board in the Resolution, payments sufficient for the prompt 
payment when due of the principal of, premium, if any, 
and interest on the Bond are to be paid by the Borrower 
directly to the holder of the Bond, as provided in the 
Assignment to be approved by the Board in the Resolution, 
for the account of the City, and such payments shall be 
assigned by the City to the Original Purchaser, its succes- 
sors and assigns, as provided in the Assignment. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for the 
acquisition of the Industrial Building to the Department 
of Housing and Community Development for approval, 
with the understanding that, in addition to the economic 
feasibility of the acquisition of the Industrial Building, 
the Department of Housing and Community Development 
may consider, without limitation, the suitability of the site 
plan, architectural treatment, building plans, elevations, 
materials, color construction details, access, parking, load- 
ing, landscaping, identification signs, exterior lighting, 
refuse callection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Building and that the Department of Housing 
and Community Development may refuse approval of any 
such plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 



ORDINANCES 33 

and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 17. And be it further ordained, That after the 
issuance, sale and delivery of the Bond, the Board may, 
upon the request of the registered owner of the Bond, 
adopt a resolution approving a new Tax-Exempt Rate and 
authorizing the officials of the City to do any and all things 
necessary, proper and expedient to effectuate such change 
in the Tax-Exempt Rate including, without limitation, the 
execution of any necessary documents; provided, however, 
that the new Tax-Exempt Rate shall be approved by the 
Borrower and shall be a fluctuating rate of interest which 
shall be not less than 65% of the commercial prime rate 
of interest in effect at the Bank from time to time nor 
be greater than the commercial prime rate of interest in 
effect at the Bank from time to time. 

Sec. 18. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, 
or parts of this Ordinance or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provi- 
sion, sentence, clause, section or part had not been in- 
cluded herein, and if the person or circumstances to which 
this Ordinance or any part hereof are inapplicable had 
been specifically exempted herefrom. 

Sec. 19. And be it further ordained. That if the Bond 
is not issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bond shall expire; provided 
however, that the Board of Finance of the City, may after 
a showing of good cause at a public hearing held before 
the Board of Finance, extend such authorization for one 
additional term not to exceed six months. The Board of 



34 ORDINANCES Ord. No. 220 

Finance, in its sole discretion shall determine the suffi- 
ciency, or lack thereof, of the reasons presented for any- 
requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. 

Sec. 20. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved January 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 220 
(Council No. 450) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 

BONDS— THE RUKERT TERMINALS 

CORPORATION (THE RUKERT TERMINALS 

II PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, to be designated ''Baltimore City, Maryland In- 
dustrial Development Revenue Bonds (The Rukert Ter- 
minals II Project)", in the aggregate principal amount 
not to exceed $1,500,000, pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs, charges, fees and 
expenses in connection with the acquisition and installa- 
tion of certain equipment which will be owned and oper- 
ated by The Rukert Terminals Corporation, a Maryland 
corporation, and used by The Rukert Terminals Corpora- 
tion in its business of operating terminals in Balti- 
more City, Maryland; authorizing the Mayor of the 



ORDINANCES 35 

City to accept, on behalf of the City, a letter of intent 
of The Rukert Terminals Corporation addressed to the 
City dated October 29, 1980; making certain legislative 
findings; authorizing and empowering the Board of Fi- 
nance of the City, prior to the issuance, sale and de- 
livery of such bonds, to adopt a resolution pursuant to 
which the Board of Finance shall (a) prescribe, among 
other things but not limited to, the form, terms, provi- 
sions, manner or method of issuing and selling, and the 
time or times of issuance, and any and all other details 
of such bonds, and (b) do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of such bonds; authorizing the private (negotiated) 
sale of such bonds; providing that The Rukert Termi- 
nals Corporation shall agree to submit any plans and 
specifications to, and to coordinate with, the Depart- 
ment of Housing and Community Development in con- 
nection with the acquisition and installation of such 
equipment; providing for the expiration of the authori- 
zation of the transaction approved by this Ordinance, 
if such bonds are not issued and sold within six months 
from the date this Ordinance is approved by the 
Mayor, unless the authorization is extended by the Board 
of Finance as provided in this Ordinance; and generally 
providing for and determining various matters and de- 
tails in connection with the authorization, issuance, se- 
curity, sale and payment of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Ena- 
bling Law"), empowers Mayor and City Council of Bal- 
timore (the "City") to issue revenue bonds and to use 
the proceeds of the sale of such revenue bonds to fi- 
nance undertakings for the accomplishment of any of the 
purposes, objects and powers of the City. Some of the 
general objectives of the City, contemplated by the En- 
abling Law, include the relief of conditions of unemploy- 
ment in Baltimore City, encouraging the increase of in- 
dustry and a balanced economy in Baltimore City, pro- 
moting economic developments in Baltimore City, and 
promoting the health, welfare and safety of the residents 
of Baltimore City. 



36 ORDINANCES Ord. No. 220 

The City has received a letter of intent dated October 
29, 1980 (the ''Letter of Intent") from The Rukert 
Terminals Corporation, a Maryland corporation (the 
"Borrower"), pursuant to which the Borrower has re- 
quested the City to participate in the financing of the 
costs, charges, fees and expenses in connection with the 
acquisition and installation by the Borrower of certain 
equipment to be located in Baltimore City, Maryland 
(the "Project"), by issuing and selling industrial devel- 
opment revenue bonds of the City in the aggregate prin- 
cipal amount not to exceed $1,500,000 and by loaning 
the proceeds of such revenue bonds to the Borrower, 
upon the terms and conditions of a loan agreement to be 
entered into between the City and the Borrower (the 
"Loan Agreement"), as permitted by the Enabling Law 
(such loan being herein referred to as the "Loan"). 

The Project and the acquisition thereof, will consist 
generally of a Peco Hinged Boom Type Grab Bucket 
Unloading Crane to be purchased and installed on Pier 5 
located at 2100 E. Clinton Street in Baltimore City, 
Maryland. The Project will be used by the Borrower for 
the purpose of loading and unloading various commodi- 
ties (salt, potash, fero ores, etc.) onto and from bulk 
ships arriving at Pier 5 Clinton Street. 

The Loan Agreement will require the Borrower (a) 
to use the proceeds of the revenue bonds solely to fi- 
nance the completion of the acquisition of the Project, 
and (b) to make Loan payments which will be sufficient 
to enable the City to pay the principal of and interest 
and premium, if any, on the revenue bonds when and as 
the same shall become due and payable. 

As security for the revenue bonds, the City will enter 
into either (a) a trust agreement (the "Trust Agree- 
ment") with a corporate trustee (the "Trustee") to be 
appointed by the Board of Finance of the City (the 
"Board") or (b) an Assignment and Security Agree- 
ment (the "Assignment") with (i) the original pur- 
chaser of the revenue bonds (the "Original Purchaser"), 
if on the date of delivery of such revenue bonds the 
acquisition of the Project has been completed, or (ii) 
the Original Purchaser and a trustee (which may be the 



ORDINANCES 37 

Original Purchaser) (the "Project Fund Trustee"), if 
on the date of delivery of such revenue bonds the acqui- 
sition of the Project has not been completed. Pursuant 
to the Trust Agreement or the Assignment, the City will 
assign to the Trustee or, if the Assignment is entered 
into, the Original Purchaser, its successors and assigns, 
(among other things) (a) all of the City's right, title 
and interest in and to and remedies under the Loan 
Agreement, including (without limitation) any and all 
security referred to therein, excepting only the right 
of the City to indemnification by the Borrower and to 
paym.ents to the City for expenses incurred by the City 
itself, (b) the receipts and revenues of the City from 
the Loan, (c) certain moneys which are at any time or 
from time to time on denosit ^^'ith the Trustee or the 
Project Fund Trustee, (d) all right, title and interest 
in and to and remedies with respect to any and all 
other property of every description and nature from 
time to time by delivery or by -writing of any kind 
conveyed, pledged, assigned or transferred, as and for 
additional security for the revenue bonds, by the City 
or by anyone on its behalf or with its written consent, 
to the Trustee, or, if the Assignment is entered into, the 
Original Purchaser, its successors or assigns, and (e) 
all of the City's right, title and interest in and to and 
remedies under such other documents, including (with- 
out limitation) mortgages, deeds of trust, guaranties 
and security instruments, as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of 
the revenue bonds and which the Board shall approve 
by a resolution or resolutions (the ^'Resolution") to be 
adopted by the Board prior to the issuance, sale and 
delivery of any of the revenue bonds. 

The revenue bonds will be sold at a private (negoti- 
ated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 



38 ORDINANCES Ord. No. 220 

(1) The issuance and sale of the revenue bonds by 
the City pursuant to the Enabling Law in order to lend 
the proceeds thereof to the Borrower for the sole and 
exclusive purpose of financing the costs of the Project will 
facilitate and expedite the completion of the acquisition 
of the Project by the Borrower. 

(2) The completion of the acquisition of the Project 
by the Borrower and the financing thereof as provided in 
this Ordinance will serve to promote the general purposes 
contemplated by the Enabling Law by (a) sustaining jobs 
and employment in Baltimore City; (b) promoting eco- 
nomic development in Baltimore City; and (c) encourag- 
ing the increase of industry and a balanced economy in 
Baltimore City. 

(3) The revenue bonds and the interest thereon shall 
not be general obligations of the City, and shall not be a 
pledge of or involve the faith and credit or the taxing 
power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning 
of any other constitutional, statutory or charter provision 
limiting or restricting the sale or issuance of bonds, notes 
or other obligations of the City. The revenue bonds and 
the interest thereon shall not constitute or give rise to 
any pecuniary liability of the City. The revenue bonds and 
the interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived 
from Loan repayments (both principal and interest) made 
to the City by the Borrower on account of the Loan and 
from any other moneys made available to the City for such 
purpose. If a Trust Agreement is entered into, the pro- 
ceeds of the revenue bonds will be paid directly to the 
Trustee to be held and disbursed by the Trustee as pro- 
vided in the Trust Agreement to be approved by the Board 
in the Resolution. If an Assignment is entered into, and 
the Project has not been completed on or before the date 
of delivery of such revenue bonds, the Board will provide in 
the Resolution that the proceeds will be paid directly to 
the Project Fund Trustee and deposited by the Project 
Fund Trustee into the Project Fund created under the 
Assignment. If an Assignment is entered into, and the 
Board finds and determines that the Project has been or 



ORDINANCES 39 

will be completed on or before the date of deliverv- of the 
revenue bonds, the Board may provide in the Resolution 
that no Project Fund will be created under the Assign- 
ment and that the proceeds of the revenue bonds will be 
paid directly to the Borrower, or for the account of the 
Borrower, to be used by the Borrower to pay the costs 
of, or to reimburse the Borrower for the payment of the 
costs of, the completion of the Project. Payments of the 
principal of and premium (if any) and interest on the 
Loan will be paid by the Borrower directly to the Trustee 
as provided in the Trust Agreement or to the Original 
Purchaser, its successors and assigns, as provided in the 
Assignment, to be approved by the Board in the Resolu- 
tion. No such moneys will be commingled with the City's 
funds or will be subject to the absolute control of the City, 
but will be subject only to such limited supei'\ision and 
checks as are deemed necessary or desirable by the City 
to insure that the proceeds of the revenue bonds are used 
to accomplish the public purposes of the Enabling Law 
and this Ordinance. The loan foim of transaction author- 
ized hereunder shall in no event constitute a capital project 
within the meaning of any charter or statutory provision. 
The public purposes expressed in the Enabling Law are to 
be achieved by facilitating the completion of the Project 
by the Borrower. 

(4) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 
any lien and security interest created by the Loan Agree- 
ment, and (c) any interest created by any other m.ortgage 
or deed of trust or other security instrument executed and 
delivered by the Borrower or any third party as security 
for the Loan or the revenue bonds as the Board may pro- 
vide for and approve in the Resolution. The security for 
the revenue bonds shall be solely and exclusively (a) the 
absolute, irrevocable and unconditional obligations of the 
Borrower to make the payments required by the Loan 
Agreement (b) moneys realized from the liquidation of 
any lien and security interest created by the Loan Agree- 
ment and of any other lien or security interest created 



40 ORDINANCES Ord. No. 220 

with respect to any property as security for the Loan or 
the revenue bonds as the Board may provide for and 
approve in the Resolution, and (c) moneys reahzed from 
any guaranty of the revenue bonds or of the Loan as the 
Board may provide for and approve in the Resolution. 

(5) The best interests of the City will be served by 
selling the revenue bonds at private (negotiated) sale, as 
authorized by the Enabling Law, upon terms and condi- 
tions approved by the Board in the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at 
any time or from time to time and in one or more series, 
and as limited obligations of the City and not upon its 
full faith and credit, its Baltimore City, Maryland Indus- 
trial Development Revenue Bonds (The Rukert Terminals 
II Project), in the aggregate principal amount not to ex- 
ceed $1,500,000 (the ''Bonds"), subject to the provisions 
of this Ordinance. The proceeds of the Bonds will be 
loaned to the Borrower pursuant to the terms and provi- 
sions of the Loan Agreement, to be used by the Borrower 
for the sole and exclusive purpose of financing the costs, 
charges, fees, and expenses in connection with the com- 
pletion of the Project. The Bonds and the interest thereon 
shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repay- 
ments (both principal and interest) made to the City by 
the Borrower pursuant to the Loan Agreement and from 
any other moneys made available to the City for such 
purpose. The security for the Bonds shall be solely and 
exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained. That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And he it further ordained, That each of the 
Bonds shall bear the descriptive title ''Baltimore City, 



ORDINANCES 41 

Maryland Industrial Development Revenue Bond (The 
Rukert Tenninals II Project) ", provided, that the descrip- 
tive title may contain such other descriptive information 
as the Board may prescribe in the Resolution (e.g. "1980 
Series'' or "1981 Series"). The Bonds shall bear interest 
at the rate or rates of interest to be deteiTnined by nego- 
tiation with the original purchaser or purchasers of the 
Bonds and to be approved and prescribed by the Board in 
the Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
including any Trustee's Certificate of Authentication to be 
endorsed thereon if the Trust Agreement is entered into, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board 
may approve in the Resolution. 

Sec. 6. And he it further ordained, That the Bonds 
shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile 
signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
other\\ase reproduced thereon and attested by the Cus- 
todian of the City Seal, by his manual signature. The Loan 
Agreement, the Trust Agreement or the Assignment and, 
where applicable, all other documents as the Board shall 
deem necessary to effectuate the issuance, sale and delivery 
of the Bonds, shall be executed in the name of the City 
and on its behalf by the Mayor of the City by his manual 
or facsimile signature, and the corporate seal of the City 
or a facsimile thereof shall be impressed or other^vise 
reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such oflficer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 



42 ORDINANCES Ord. No. 220 

City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine in the Resolution to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds 
shall be executed, issued and delivered at any time or 
from time to time and in one or more series and in such 
amount or amounts not exceeding, in the aggregate, the 
principal amount of $1,500,000, as the Board shall pre- 
scribe in the Resolution. 

Sec. 8. And he it further ordained, That the Bonds 
shall be dated, shall be in such denominations, shall be of 
such form and tenor, and shall be payable in such amounts, 
at such times and at such place or places as the Board 
shall prescribe in the Resolution. 

Sec. 9. And he it further ordained, That the Bonds may 
be subject to redemption prior to their stated maturities 
upon such terms and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of the Bonds, the Board shall 
adopt the Resolution pursuant to which the Board shall: 

(a) prescribe the form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (or the method of determining the same), denomi- 
nations, date, actual maturity or maturities, and the place 
or places of payment of the Bonds, and the terms and 
conditions and details under which the Bonds may be 
called for redemption prior to their stated maturities ; 

(c) if a Trust Agreement is entered into, appoint a 
bank having trust powers, or a trust company, as Trustee 
for the Bonds and, if necessary, appoint a paying agent 
or agents for the Bonds, which may be the Trustee ; 

(d) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement or the Assignment, 



ORDINANCES 43 

and (iii) such ather documents, including (without limita- 
tion) mortgages, deeds of trust, guaranties and security 
instruments as the Board shall deem necessary to approve 
in order to effectuate the issuance, sale and delivery of the 
Bonds ; 

(e) determine the time of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other 
details of the Bonds ; 

(f ) provide for the direct payment by the Borrower of 
all costs, fees and expenses incurred by or on behalf of 
the City in connection with the issuance, sale and delivery 
of the Bonds, including (without limitation) costs of print- 
ing (if any) and issuing the Bonds, legal expenses and 
compensation to any person (other than full time employees 
of the City) performing services by or on behalf of the 
City in connection therewith ; 

(g) if the Trust Agreement is entered into, provide 
for the issuance and sale (subject to the passage of an 
appropriate ordinance authorizing the same as may be re- 
quired at the time) of one or more series of additional 
bonds and one or more series of refunding bonds; and 

(h) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and de- 
livery of the Bonds. 

Sec. 11. And be it further ordained, That the Loan 
Agreement and the Trust Agreement or the Assignment 
shall contain such terms, provisions and conditions, not 
inconsistent with the Enabling Law and the provisions of 
this Ordinance, as the Board shall approve in the Resolution. 

Sec. 12. And be it further ordained, That, as authorized 
by the Enabling Law, the Bonds shall be sold at private 
(negotiated) sale upon such terms and conditions as shall 
be approved by the Board in the Resolution. 

Sec. 13. And be it further ordained. That the Bonds and 
the interest thereon shall not be general obligations of the 
City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City, and shall not con- 



44 ORDINANCES Ord. No. 220 

stitute a debt of the City, all within the meaning of Section 
7 of Article XI of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limit- 
ing or restricting the sale or issuance of bonds, notes or 
other obligations of the City. The Bonds and the interest 
thereon shall not constitute or give rise to any pecuniary 
liability of the City. The Bonds, and the interest thereon, 
shall be limited obligations of the City, the principal of 
and interest on which Bonds shall be payable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower on account of the Loan and, to the extent pro- 
vided by the Board in the Resolution, from the proceeds 
of the Bonds, and from any other moneys made available 
to the City for such purpose. If the Trust Agreement is 
entered into, the proceeds of the Bonds will be paid di- 
rectly to the Trustee to be held and disbursed by the 
Trustee as provided in the Trust Agreement to be approved 
by the Board in the Resolution. If an Assignment is en- 
tered into and the Project has not been completed, the 
Board will provide in the Resolution that the proceeds will 
be paid directly to the Project Fund Trustee and deposited 
by the Project Fund Trustee into the Project Fund thereby 
created under the Assignment, or if the Assignment is 
entered into and the Board finds and determines that the 
Project has been or will be completed on or before the 
date of delivery of the revenue bonds, the Board may pro- 
vide in the Resolution that the proceeds of the revenue 
bonds will be paid directly to the Borrower, or for the 
account of the Borrower, to be used by the Borrower to 
pay the costs of, or to reimburse the Borrower for pay- 
ment of the costs of, the completion of the Project, as 
provided in the Assignment to be approved by the Board 
in the Resolution. No such moneys will be commingled 
with the City's funds or will be subject to the absolute 
control of the City, but will be subject only to such limited 
supervision and checks as are deemed necessary or desir- 
able by the City to insure that the proceeds of the Bonds 
are used to accomplish the public purposes of the Enabling 
Law and this Ordinance. 

Sec. 14. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 



ORDINANCES 45 

who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement or the Assignment to be approved by the Board 
shall, set aside and pledge the income and revenue under 
the Loan Agreement (other than payments to the City for 
indemnification or to reimburse the City for expenses in- 
curred by the City itself) to the Trustee or, if the Assign- 
ment is entered into, the Original Purchaser, its succes- 
sors and assigns, to be used and applied for the payment 
of the principal of and interest on the Bonds. Pursuant 
to the terms of the Loan Agreement to be approved by the 
Board in the Resolution, payments sufficient for the prompt 
payment when due of the principal of, premium, if any, 
and interest on the Bonds are to be paid by the Borrower 
to the Trustee for the benefit of the holders of the Bonds, 
or, if the Assignment is entered into, to the Original Pur- 
chaser, its successors and assigns, for the account of the 
City. 

Sec. 15. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 16. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 



46 ORDINANCES Ord. No. 221 

passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 17. And he it further ordained, That, if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided, 
however, that the Board may, after a showing of good 
cause at a public hearing held before the Board, extend 
such authorization for one additional term not to exceed 
six months. The Board, in its sole discretion, shall deter- 
mine the sufficiency, or lack thereof, of the reasons pre- 
sented for any requested extension of this Ordinance. If 
an extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. 

Sec. 18. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved January 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 221 

(Council No. 394) 

AN ORDINANCE concerning 

FRANCHISE AMENDMENT— BRIDGEWAY 
FOR BUDEKE'S PAINTS 

FOR the purpose of decreasing the minimum height above 
the street of the bridgeway. 

BY repealing and reordaining with amendments 
Ordinance 52, Approved May 8, 1980 
Section 2 



ORDINANCES 47 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 2 of Ordinance 52, approved 
May 8, 1980, entitled "An Ordinance concerning Franchise 
Bridgeway for Budeke's Paints" be repealed and reordained 
with amendments to read as follows : 

"Sec. 2. And he it further ordained, That the entrances 
from said superstructure or bridgeway to said buildings 
shall be equipped ^vith automatic, self-closing fire doors, 
and that the bottom of said superstructure or bridgeway 
shall be not less than [14] 11 feet from the surface of the 
center of said street and that said superstructure or 
bridgeway, shall be 5 feet wide, 7 feet 6 inches high, and 
13 feet 10 inches long. No combustible materials shall be 
used in the construction of same, and the said superstruc- 
ture or bridgeway shall be erected and completed under 
the supervision and to the satisfaction of the Bureau of 
Building Inspection of Baltimore City, and shall be at all 
times hereafter subject to regulation and control by the 
said Bureau of Building Inspection. 

No woodwork or other combustible materials shall be 
used in the construction or maintenance of said one-story 
enclosed bridgeway, and said structure shall be constructed 
in all respects in accordance with the Building Code of 
Baltimore City and shall be completed and maintained un- 
der the supervision and to the satisfaction of the Commis- 
sioner, Department of Housing and Community Develop- 
ment of Baltimore City, and shall be at all times hereafter, 
subject to regulation and control by the said Commissioner." 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved January 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



48 ORDINANCES Ord. No. 223 

No. 222 
(Council No. 440) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of moving Albert Jaworski*s reserved 
parking space from Fait Avenue to Lakewood Avenue. 

BY repealing 

Ordinance 1139 approved July 15, 1971 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the Ordinance 1139, approved July 
15, 1971, which provided for reserved parking on Fait 
Avenue, be and it is hereby repealed. 

Sec. 2. And he it further ordained, That on the east side 
of Lakewood Avenue, from a point 20 feet north of Fait 
Avenue to a point 42 feet north of Fait Avenue, parking 
is reserved for Albert Jaworski. 

Sec. 3. And he it further ordained, That this ordinance 
shall take eifect on the date of its passage. 

Approved January 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 223 

(Council No. 358) 

AN ORDINANCE providing for a supplementary special 
fund appropriation in the amount of Nine Thousand 
Three Hundred Dollars ($9,300) to the Mayor's Ad- 
visory Committee on Art and Culture to be used for the 
development of educational exhibits and workshops in 
music, visual arts and puppetry at the Cloisters Chil- 
dren's Museum, in accordance with the provisions of 



ORDINANCES 49 

Article VI, Section 2(h) (2) of the Baltimore City Char- 
ter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1980-1981 Ordinance of Estimates; and 

Whereas, the supplementaiy special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
27th day of August, 1980, all in accordance ^vith Article 
VI, Section 2(h) (2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the pro\isions of Article VI, Sec- 
tion 2(h) (2) of the 1964 revision of the Charter of Balti- 
more City, the sum of Nine Thousand Three Hundred 
Dollars ($9,300) shall be made available to the Mayor's 
Advisory Committee on Art and Culture as a supplemen- 
tary special fund appropriation for the fiscal year ending 
June 30, 1981 for the purpose of development of educa- 
tional exhibits and workshops in music, visual arts and 
puppetry at the Cloisters Children's Museum. The amount 
thus made available as a supplementary special fund ap- 
propriation shall be expended from a grant of funds to 
the Mayor and City Council of Baltimore by the Maryland 
Arts Council, State Department of Economic and Commu- 
nity Development, said sum being specifically allotted to 
the Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds from said Maiyland Arts Council, 
State Department of Economic and Community Develop- 
ment shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, Sec- 
tion 2(h)(2) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved Februaiy 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



50 ORDINANCES Ord. No. 224 

No. 224 

(Council No. 375) 

AN ORDINANCE concerning 

WORTHLESS CHECKS 

FOR the purpose of increasing the penalty for presenting 
a worthless instrument in payment of any city tax, 
charge or fee. 

BY amending 

Article 1 — Mayor, City Council and Municipal Agencies 

Section 151 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordamed by the Mayor and City Council 
of Baltimore, That Section 151 of Article 1 of the Balti- 
more City Code (1976 Edition, as amended) title "Mayor, 
City Council and Municipal Agencies", subtitle "Worthless 
Checks", be and it is hereby repealed and reordained with 
amendments to read as follows: 

WORTHLESS CHECKS 

151. Presentation to city prohibited; penalty. 

There is hereby imposed a charge [of ten dollars 
(10.00)3 foi" ^^ch and every check or like written instru- 
ment which is not paid in full for any reason, other than 
any act of fault or neglect on the part of the Mayor and 
City Council of Baltimore, by the financial institution upon 
which it is drawn when on first return indicates *No 
Funds' or ^Account Closed' or when presented a second 
time for payment or dishonored regardless of reason (here- 
inafter designated as "worthless instrument") on every 
person or other legal entity who presents any such worth- 
less instrument to the Mayor and City Council of Balti- 
more or the Director of Finance of Baltimore City, or any 
of their agents or employees, in payment of any tax, 
charge, fee, assessment or impost of any kind levied or 
imposed under any law, ordinance, rule or regulation. The 
charge for each such worthless instrument shall be 5 per 
cent of the amount of the instrument (penalty to be 
rounded to the nearest dollar), with a minimum charge of 



ORDINANCES 51 

$15.00. When the instrument is submitted in payment of 
more than one city hill, then this charge shall he imposed 
for each hill. Such charge [of ten dollars ($10.00)] shall 
be collected by the Director of Finance of Baltimore City, 
and shall be a lien upon the property involved in any par- 
ticular case and shall be recorded in the Tax Lien Record 
maintained by the Bureau of Collections in all appropriate 
cases, in the same manner and to the same extent as the 
tax, charge, fee, assessment or impost in connection with 
which the worthless instrument was presented in payment 
is collected and is a lien upon property and is recorded in 
the aforesaid Tax Lien Record. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passag e 
JULY 1, 1981. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 225 
(Council No. 392) 

AN ORDINANCE concerning 

ILLEGAL DUMPING 

FOR the purpose of expanding the protection provided by 
the City of Baltimore and State of Maryland's current 
prohibition against illegal dumping, expanding the defi- 
nition of persons affected by the prohibition, and increas- 
ing the penalties for violation of the prohibition. 

BY repealing and reordaining with amendments 
Article 11— Health 
Sections— 135 and 136 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That Sections 135 and 136 of Article II of the 



52 ORDINANCES Ord. No. 225 

Baltimore City Code (1976 Edition, as amended), title 
"Health" subtitles ''Dumping earth and garbage" and 
"Same; penalties," be and they are hereby repealed to read 
as follows: 

[135. Dumping earth and garbage. 

It shall be unlawful for any person or persons to dump 
any earth, dirt, sand, ashes, garbage, gravel, rocks, refuse, 
or other matter, upon any private property in the 
City of Baltimore, without permission therefor from the 
owner or owners thereof, or their agent.] 

135. Dumping earth and garbage. 

(a) Legislative findings. 

The City Coiincil of Baltimore finds that there is abso- 
lutely no doubt that the dumping of rubbish, tvaste ma- 
terial, refuse, garbage, umvanted construction material, 
trash, debris, dead animals and other discarded material 
is a sickening blight on the roads, sidewalks, parks, land- 
scape, waters, tidal area^ and shores of the City of Balti- 
more. The City Council of Baltimore further finds that 
such dumping is a serious threat to the health, welfare, 
safety, peace and comfort of the inhabita/nts of the city. 
The City Council of Baltimore further finds that incidents 
of such dumping have increased as the amount of available 
landfill space available to inhabitants of the city has de- 
creased, and that while various groups of persons have 
been responsible for this increase, some of the most notori- 
ous perpetrators have been those involved in the buildvng 
and construction industry. Therefore, the City Council of 
Baltimore declares as a matter of legislative determination 
that such dumping cannot and will not be tolerated, that 
the prohibition against such dumping must be expanded to 
include all possible perpetrators, and that the penalties 
against such dumping must be increased in order to curb 
this intolerable practice and to deny the perpetrators of any 
possible economic benefit. 

(b) Definitions. 

That whenever and wherever in this ordinance the fol- 
lowing phrases, words or designations appear they shall 



ORDINANCES 53 

have the meanings hereinafter respectively ascribed to 
them, except ivhen the context clearly requires otherivise: 

(1) "Person'' means any individual, corporation, hu^ 
ness tru^t, estate, trust, partnership, association, two or 
more persons tvho have a joint or common interest, or any 
other legal or commercial entity. 

(2) "Land" means any land, building, road, sidetvalk, 
park, body of tuater, tidal area or shore ivithin the City of 
Baltimore, tvhether it be oivned by a person, or persons, 
the City of Baltimore, the State of Maryland, or the gov- 
ernment of the United States. 

(3) "Dumping" means the deposit of any rubbish, 
tvaste material, refuse, garbage, umvanted construction 
material, trash, debris, dead animals or other discarded 
materials on any land, except that land tvhich is desig- 
nated by the Commissioner of Health for the deposit of 
such rubbish, waste material, refuse, garbage, umvanted 
construction material, trash, debris, dead animals or other 
discarded materials. 

(c) Unlawful activities. 

It shall be unlaivful for any person or persons to dump 
or cause dumping tvithin the City of Baltimore, unless: 

(1) Such dumping is done on land designated by the 
Commissioner of Health for the deposit of such rubbish, 
waste material, refuse, garbage, unwanted construction 
material, trash, debris, dead animals or other discarded 
materials. 

(2) Such dumping is done in receptacles or containers 
installed on land for the reception of such rubbish, waste 
material, refuse, garbage, umvanted construction material, 
trash, debris, dead animals or other discarded materials. 

[136. Same; penalties. 

Any person or persons who shall violate the provisions 
of Section 135, or authorize any violation thereof by his or 
their employees or agents, shall be subject to a fine of five 
dollars for each and every such offense; to be collected as 
other fines are collected for violations of city ordinances.] 



54 ORDINANCES Ord. No. 226 

136. Same; penalties. 

Any person or persons who shall violate the provisions 
of Section 135, or authorize any violation thereof by his or 
their employees or agents, shall be subject to a fine of not 
less than fifty dollars ($50) and not more than five hundred 
dollars ($500) or imprisonment for not more than five 
days, or both, for each and every such offense; except that 
any person or persons who shall violate the provisions of 
Section 135, or authorize any violation thereof by his or 
their employees or agents, by dumping, in any 2J^'hour 
period, one hundred or more total pounds of such rubbish, 
waste material, refuse, garbage, unwanted construction 
material, trash, debris, dead animals or other discarded 
materials, shall be subject to a fine of five hundred dollars 
($500), imprisonment for not more than twelve months, 
or revocation of the privilege of seeking a building permit 
within the City of Baltimore, or all three, for each and 
every offense. Any fine to be collected under this section 
shall be collected as other fines are collected for violations 
of city ordinances. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 226 
(Council No. 400) 

AN ORDINANCE concerning 

CITY STREET— CLOSING OF LUDLOW STREET 

FOR the purpose of condeming and closing Ludlow Street, 
66 feet wide, and extending from the B. & 0. R.R. Right 
of Way, North 24°-15'-30" East 417 feet, more or less, to 
the line of the north side of Barney Street, &^ feet wide, 
if projected easterly in accordance with a plat thereof 



ORDINANCES 55 

numbered 335-A-30, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department 
of Public Works, on the Nineteenth (19th) day of Sep- 
tember, 1980. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close Ludlow Street, 66 feet wide, and extending from 
the B. & 0. R.R. Right of Way, North 24°-15'-30" Ea^t 
417 feet, more or less, to the line of the north side of 
Barney Street, 66 feet wide, if projected easterly the street 
hereby directed to be condemned for said closing being 
described as follows: 

Beginning for the same at the point formed by the inter- 
section of the northeast side of the B. & 0. R.R. Right of 
Way and the northwest side of Ludlow Street, 66 feet 
wide, and running thence binding on the northwest side of 
said Ludlow Street, North 24°-15'-30" East 395.56 feet to 
intersect the line of the north side of Barney Street, 66 
feet wide, if projected easterly; thence binding on said 
line so projected, North 86°-59'-30" East 74.25 feet to in- 
tersect the southeast side of said Ludlow Street: thence 
binding on the southeast side of said Ludlow Street, South 
24°-15'-30" West 438.33 feet to intersect the northeast 
side of said Right of Way, and thence binding on the north- 
east side of said Right of Way, North 58°-ll'-00" West 
66.58 feet to the place of beginning and designated as 
Parcel No. 1. 

the said Ludlow Street as directed to be condemned being 
more particularly described and referred to among the 
Land Records of Baltimore City and delineated and par- 
ticularly showTi on a plat numbered 335-A-30 which was 
filed in the Office of the Department of Public Works on 
the Nineteenth (19th) day of September in the year 1980, 
and is now on file in said Office. 



56 ORDINANCES Ord. No. 226 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use there of shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any 
person, firm or corporation shall desire to remove, alter 
or interfere therewith, such person, firm or corporation 
shall first obtain permission and permits therefor from 
the Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made neces- 
sary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall 
have been closed under the provisions of this Ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 



ORDINANCES 57 

authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or re- 
placement, of any or all of said structures and appurten- 
ances, and this without permission from or compensation 
to the owner or owners of said land. 

Sec. 6. And be it fiirther ordained, That the proceed- 
ings of said Department of Public Works with reference 
to the condemnation and closing of said Ludlow Street 
and the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accord- 
ance with, any and all applicable provisions of Article 4 
of the Code of Public Local Laws of Marj^land and the 
Charter of Baltimore City (1964 Revision) as amended to 
July 1, 1973 and any and all amendm.ents thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 7. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 227 

(Council No. 405) 

AN ORDINANCE concerning 

CITY STREET— CLOSING A PORTION OF 
NORTHERN PARKWAY 

FOR the purpose of condemning and closing a portion of 
Northern Parkway, formerly known as Maple Avenue, 
contiguous to the northeast side thereof and extending 



58 ORDINANCES Ord. No. 227 

from Everall Avenue Southeasterly 143.28 feet to the 
north side of Northern Parkway, as now laid out in ac- 
cordance wdth a plat thereof numbered 338-A-12, pre- 
pared by the Surveys and Records Division and filed in 
the Office of the Department of Public Works, on the 
Twenty-fourth (24th) day of September, 1980. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close a portion of Northern Parkway, formerly known as 
Maple Avenue, contiguous to the northeast side thereof 
and extending from Everall Avenue Southeasterly 143.28 
feet to the north side of Northern Parkway, as now laid 
out, the portion of the street hereby directed to be con- 
demned for said closing being described as follows: 

Beginning for the same at the point formed by the 
intersection of the northeast side of Northern Parkway, 
formerly known as Maple Avenue, and the east side of 
Everall Avenue, as now laid out 40 feet wide and running 
thence binding on the northeast side of said Northern 
Parkway, Southeasterly 143.28 feet to the southeast out- 
line of the property now or formerly owned by Slavie 
Savings and Loan Association and known as No. 3700 E. 
Northern Parkway; thence binding on the line of said 
southeast outline if projected southwesterly. Southwesterly 
3 feet, more or less, to intersect the north side of Northern 
Parkway, as opened in accordance with Ordinance No. 439 
approved July 13, 1925; thence binding on the north side 
of last said Northern Parkway, westerly by a line curving 
to the left with a radius of 397.46 feet the distance of 142 
feet, more or less, to intersect the line of the east side of 
said Everall Avenue if projected southerly and thence 
binding reversely on last said line so projected. Northerly 
47 feet, more or less, to the place of beginning. 



ORDINANCES 59 

the said portion of Northern Parkway as directed to be 
condemned being delineated and particularly shown on a 
plat numbered 338-A-12 which was filed in the Office of 
the Depaiiment of Public Works on the Twenty-fourth 
(24th) day of September in the year 1980, and is now on 
file in said Office. 

Sec. 2. And be it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this Ordinance, all subsurface structures and 
appurtenances nov/ owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any 
person, firm or corporation shall desire to remove, alter 
or interfere therewdth, such person, firm or corporation 
shall first obtain permission and permits therefor from 
the Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made neces- 
sary by such removal, alteration or interference. 

Sec. 3. And he it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
over which said buildings or structures are proposed to 
be constructed or erected shall have been abandoned or 
shall have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of the 
person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to 
be "structures'' within the meaning of this section. 

Sec. 4. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 



60 ORDINANCES Ord. No. 228 

tion, maintenance, repair, alteration, relocation and/or re- 
placement, of any or all of said structures and appur- 
tenances, and this without permission from or compensa- 
tion to the owner or owners of said land. 

Sec. 5. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said portion of Northern 
Parkway and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore City (1964 Revision) as 
amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General As- 
sembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the Depart- 
ment of Legislative Reference. 

Sec. 6. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 228 

(Council No. 414) 

AN ORDINANCE concerning 

DEPUTY COMMISSIONERS OF HEALTH 

FOR the purpose of deleting the reference to a Chief 
ASSISTANT Commissioner of Health and substituting 
two Deputy Commissioners. 

BY amending 

Article 11 — Health 

Section 2 

Baltimore City Code (1976 Edition, as amended) 



ORDINANCES Gl 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 2 of Article 11 of the Baltimore 
City Code (1976 Edition, as amended), be and it is hereby 
repealed and reordained with amendments to read as 
follows : 

2. [Chief Assistant Commissioner.] Deputy Commissioner 
for Administration and Deputy Commissioner for Medical 
Services. 

It shall be the duty of the [Chief Assistant] Deputy 
Commissioner for Administration and the Deputy Com- 
missioner of Health for Medical Services to assist the 
Commissioner of Health in the performance of his duties, 
to discharge the duty of seeing that a faithful record is 
kept of all reports, and other matters relating to the 
Health Department; and in case of absence of the Com- 
missioner of Health [he] either the Deputy Commissioner 
for Administration or the Deputy Commissioner of Health 
for Medical Services shall he designated by the Commis- 
sioner of Health to perform all the duties herein assigned 
to the said Commissioner of Health. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 229 
(Council No. 415) 

AN ORDINANCE concerning 

BUILDING CODE WAIVER — GENERAL 
MOTORS CORPORATION 

FOR the purpose of waiving Paragraphs 4811 and 4852 of 
Article 32 of the Baltimore City Code (1976 Edition, 
as amended) to permit the construction of additions 
and alterations to the present industrial building of 



62 ORDINANCES Ord. No. 229 

General Motors Corporation (Chevrolet Motors Divi- 
sion) on the property generally known as 2122 Broen- 
ing Highway, all as more particularly described herein. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That as applicable to additions and altera- 
tions to be constructed by General Motors Corporation 
(Chevrolet Motors Division) to its industrial building on 
the property generally known as 2122 Broening Highway 
used primarily for the manufacture of automobiles, said 
building being hereinafter called the General Motors Cor- 
poration industrial building, the provisions of certain para- 
graphs of Article 32 of the Baltimore City Code (1976 
Edition, as amended), title ''Building Regulations," being 
known generally as the Building Code of Baltimore City, 
as heretofore amended, be and they are hereby waived as 
follows : 

A. The provisions of Paragraph 4811 of said Article 
32, and also any other pertinent and conflicting provisions 
of said Article 32, as heretofore amended, be and they 
are hereby waived insofar as they impose certain maxi- 
mum volume limitations on certain types of construction 
of industrial buildings ; 

C. The provisions of Paragraph 4852 of said Article 
32, and also any other pertinent and conflicting provisions 
of said Article 32, as heretofore amended, covering maxi- 
mum distance to and between exits, be and the same are 
hereby waived, provided that with respect to the maximum 
distance to and between exits in subsequent additions to 
said General Motors Corporation industrial building where 
size and area of building does not permit compliance with 
said Paragraph 4852 from interior areas the requirements 
to be met in the construction of said additions shall be 
those determined by the Commissioner to be necessary, 
consistent with the intent of said Article 32 to provide 
adequate safety for the occupants of said building. 

The waivers herein set forth shall be effective only as 
to the General Motors Corporation industrial building in- 
cluding additions which shall not exceed a volume of 39,- 
877,000 cubic feet nor two stories plus penthouses in 
height. The aforegoing waivers also apply to necessary 



ORDINANCES 63 

equipment penthouses to be located on the roofs of said 
proposed additions. 

In place of the provisions hereby waived for said addi- 
tions an automatic sprinkler system shall be installed 
throughout the new additions similar to the sprinkler 
systems now existing throughout the General Motors Cor- 
poration industrial building. In addition, fire hydrants and 
hose houses will be installed on the roofs and around the 
perimeter of said additions and connected to the existing 
fire protection system including the elevated water tank 
which serves as an auxiliary source of water supply. There 
shall also be constructed smoke and heat baffles of non- 
combustible material from underside of roofs to bottom 
of trusses, smoke and heat relief vents in roof areas and 
a fire barrier wall to separate the operations of the Chev- 
rolet Motors Division and the Fisher Body Division. The 
additions shall be constructed of fire-resistive or incom- 
bustible materials in structural assemblies that will meet 
the approval of the Commissioner as providing adequate 
fire-resisti veness . 

Except for the specific provisions of this ordinance, all 
other provisions of said Building Code and all other laws 
and ordinances of Baltimore City applicable thereto shall 
be observed in the construction of the said additions. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 230 
(Council No. 473) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 
REVENUE BONDS— THE ART LITHO COMPANY 



64 ORDINANCES Ord. No. 230 

FOR the purpose of amending Ordinance No. 33, signed 
into law on March 28, 1980 las amended by Ordinance 
No. 74 signed into law on June 9, 1980 (the ''Initial 
Ordinance"), which authorized the issuance of the Bal- 
timore City, Maryland Industrial Development Revenue 
Bonds (Art Litho Company Project) (the ''Bonds"), in 
the aggregate principal amount not in excess of $1,000,000 
in order to provide (i) that the property to be acquired 
with the proceeds of the bonds shall be amended to per- 
mit the deletion of the acquisition and/or construction 
of an addition to the facility of the Art Litho Company 
located at 2220 Langley Street (the "Addition"), (ii) 
that the loan of the proceeds of the bonds shall be made 
to the Art Litho Company and not to the Art Litho 
Company and Philip A. Hoffman and Phyllis M. Hoff- 
man as provided in the initial ordinance, (iii) that the 
loan of the proceeds of the bonds to the Art Litho Com- 
pany shall be secured by a security interest in the in- 
dustrial building acquired with the proceeds of the bonds 
and may not be secured by a deed of trust covering the 
facility located at 2220 Langley Street (the "Langley 
Street Facility") as provided in the initial ordinance and 
|(iv) that initially only one series of bonds shall be 
designated Series A; making certain determinations and 
findings with respect to the issuance of the bonds; au- 
thorizing the issuance of a series of bonds to finance 
the acquisition of a press by the Art Litho Company ; and 
generally providing for, and determining various matters 
and details in connection with, the authorization, issu- 
ance, security, sale and payment of the bonds. 

RECITALS 

Sections 266A to 266-1 inclusive of Article 41 of the 
Annotated Code of Maryland (1978 Replacement Volume 
and 1980 Cumulative Supplement), as amended, (the 
"Act") empower the counties and municipalities of the 
State of Maryland to issue revenue bonds and to loan 
the proceeds of the sale of such revenue bonds to an in- 
dustrial concern (as mentioned in the Act) to finance 
the acquisition (as mentioned in the Act) by such in- 
dustrial concerns of any industrial building (as men- 
tioned in the Act) . 



ORDINANCES 65 

Mayor and City Council of Baltimore (the ''City") 
received a letter of intent (as contemplated by Section 
266B(d) of the Act) dated November 6, 1979, from The 
Art Litho Company, a Maryland corporation and an in- 
dustrial concern as mentioned in 266A(a) of the Act 
(the ''Company"), and a supplemental letter of intent 
dated January 14, 1980 from the Company and Philip 
A. Hoffman and Phyllis M. Hoffman, the principal stock- 
holders of the Company and together an industrial con- 
cern as mentioned in Section 266A(h) of the Act (the 
"Hoffmans"), pursuant to which the Company and the 
Hoffmans requested the City to participate in the financ- 
ing of the acquisition by the Company and the Hoffmans 
of an industrial building by the issuance and sale by the 
City of its Baltimore City, Maryland Industrial Develop- 
ment Revenue Bonds (Art Litho Company Project), in 
the aggregate principal amount not to exceed $1,000,000, 
by loaning the proceeds of the bonds to the Company 
and the Hoffmans upon the terms and conditions of a 
Loan Agreement to be entered into between the City, 
the Company and the Hoffmans as permitted by the Act. 

As proposed in the letters dated November 6, 1979 and 
January 14, 1980 referred to above (collectively the 
"Initial Letter of Intent"), the industrial building to be 
acquired with the proceeds of the issue of revenue bonds 
would consist generally of (a) the acquisition and in- 
stallation of a new Royal Zenith Plan eta Variant (4) 
Color Press (the "Press") to be located in the Company's 
facility located at 1500 West Patapsco Avenue, Balti- 
more, Maryland (the "Patapsco Avenue Facility") ; and 
(b) the acquisition and/or construction of an addition 
to the Company's facility located at 2220 Langley Street, 
Baltimore, Maryland (the "Addition"), together with 
necessary and useful machinery, equipment and other 
necessary facilities. 

Pursuant to Ordinance No. 33 as amended by Ordi- 
nance No. 74 (the "Initial Ordinance"), the City ac- 
cepted the Initial Letter of Intent and determined to 
issue and sell its Baltimore City, Maryland Industrial 
Development Revenue Bonds (Art Litho Company Proj- 
ect) (the "Bonds") to finance the acquisition of the 



66 ORDINANCES Ord. No. 230 

Press and the Addition. The Initial Ordinance provided 
that as security for the Bonds, the City would enter into 
a Trust Agreement (the 'Trust Agreement") with a 
Trustee (the "Trustee") to be appointed by the Board 
of Finance of the City (the ''Board") by a Resolution 
(the ''Resolution") to be adopted by the Board prior to 
the issuance, sale and delivery of the Bonds. 

As further security for the Bonds, the Initial Ordi- 
nance provided that the City was authorized to execute 
a Deed of Trust covering the facility of The Art Litho 
Company at 2220 Langley Street (the "Langley Street 
Facility"). The City acquired title the Langley Street 
Facility pursuant to Ordinance No. 343 of the 1973 leg- 
islative session of the City Council of Baltimore which 
authorized the City to borrow a sum of money pursuant 
to Sections 266J to 266CC, inclusive of Article 41 of the 
Annotated Code of Maryland (1971 Replacement Volume 
and 1972 Supplement) (the "MIDFA Act") in order to 
finance the acquisition of the Langley Street Facility. 
The Langley Street Facility is leased to the Hoffmans 
who in turn have leased the Langley Street Facility to 
the Company. 

The Initial Ordinance further provided that, as secur- 
ity for the loan of the proceeds of the Bonds to the Com- 
pany and the Hoffmans, the Hoffmans may execute a 
Deed of Trust covering their interest in the Langley 

Street Facility. 

The Initial Ordinance further provided that the Bonds 
would be issued in two series. The proceeds of the Series 
A Bonds (as defined in the Initial Ordinance) would be 
used to acquire the Press. The proceeds of the Series B 
Bonds (as defined in the Initial Ordinance) would be 
used to acquire the Addition. 

On June 23, 1980 the Board of Finance of the City 
passed a Resolution authorizing the issuance of the Series 
A Bonds and the Series B Bonds and approved a form 
of various documents in connection with the issuance of 
said Bonds. 

Since June 23, 1980, the Company and the Hoffmans 
have been presented with the opportunity to purchase 



ORDINANCES 67 

an existing building located in Baltimore County, Mary- 
land in the vicinity of the Langley Street Facility which 
would better serve the needs of the Company, and the 
Company and the Hoffmans have elected to seek amend- 
ment of the Initial Ordinance and the passage of an 
appropriate bond resolution by the Board of Finance 
authorizing the issuance of the Series A Bonds pursuant 
to a Loan Agreement and Trust Agreement as generally 
described in the Initial Ordinance as amended hereby. 
The City has received a Supplemental Letter of Intent 
(the ''Supplemental Letter of Intent'') from the Com- 
pany and Philip A. Hoffman and Phyllis M. Hoffman 
requesting that the City amend the Initial Ordinance to 
authorize the City to issue the Series A Bonds to finance 
the acquisition of the Press by the Company. In the 
Supplemental Letter of Intent the Company indicated 
that the Press would be acquired together with addi- 
tional equipment so that it will operate as a 5 color 
press. The loan of the proceeds of the Series A Bonds 
to the Company pursuant to a loan agreement will be 
secured by a security interest in the Press. 

The City has deteiTnined to accept the Supplemental 
Letter of Intent from the Company and the Hoffmans 
and to proceed ^vith the issuance of the Series A Bonds 
in order to finance the acquisition of the Press as gen- 
erally described above. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ACT; 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(a) The issuance and sale of the Series A Bonds by the 
City pursuant to the Act in order to lend the proceeds 
thereof to the Company for the purpose of financing the 
acquisition of the Press by the Company, to pay the costs 
of preparing, printing and selling the Bonds and to pay 
other costs permitted by the Act will facilitate and expedite 
the acquisition of the Press by the Company. 

(b) The acquisition of the Press and, if approved by 
the Board by a resolution, the acquisition of the Addition, 



68 ORDINANCES Ord. No. 230 

by the Company and the financing thereof as provided in 
this Ordinance will iDromote and contribute to the declared 
legislative purposes of the Act, as set forth in Section 
266B(c) thereof, by (i) sustaining jobs and employment, 
thus relieving conditions of unemployment in the State of 
Maryland and in Baltimore City; (ii) encouraging the in- 
crease of industry and the creation of a balanced economy 
in the State of Maryland and in Baltimore City; (iii) as- 
isisting in the retention of existing industry in the State 
of Maryland and in Baltimore City; (iv) promoting eco- 
nomic development; and (v) thereby promoting the health, 
welfare and safety of the residents of the State of Mary- 
land and Baltimore City. 

(c) In addition to authorizing the City itself to ac- 
quire the Press (and the Addition) and either to lease 
or to sell the same to the Company, the Act, as an alter- 
native procedure, also authorizes the financing of the Press 
(and, if approved by the Board, the financing of the Addi- 
tion) to be accomplished in the form of a loan by the City 
to the Company. The loan form of transaction avoids in- 
direct costs and burdens on the City by not requiring any 
direct involvement by the City in the acquisition, owner- 
ship or administration of the Press (or the Addition), 
while permitting ample controls to be imposed on the use 
of the proceeds of the Series A Bonds (or the Series B 
Bonds) to insure that the public purposes of the Act and 
the Series A Bonds (or the Series B Bonds) are fully 
accomplished. It is, therefore, in the best interests of the 
citizens of the City to finance the acquisition of the Press 
by a loan to the Company and the acquisition of the Press 
(and the Addition) by the Company. This Ordinance con- 
templates and authorizes a transaction in the form of a 
loan of the proceeds of the Series A Bonds (and the Series 
B Bonds) by the City to the Company, rather than a trans- 
action in the form of a lease or sale of the Press (or the 
Addition). Accordingly, this Ordinance, together with the 
Resolution, the Trust Agreement and the Loan Agreement 
authorized hereby, and the other documents referred to 
herein, contains, or shall contain, such provisions as the 
City deems appropriate to effect the financing of the ac- 
quisition by the Company of the Press (and the Addition) 
by the loan form of transaction. 



ORDINANCES 69 

(d) The City will acquire or possess no interest in 
the Press or any other assets of the Borrower other than 
(i) any general interest in the Company's property shared 
by all holders of the Company's obligations which rank 
and are secured equally with the Company's obligations 
pursuant to a Loan Agreement relating to the loan of the 
proceeds of the Bonds (the ''Loan Agreement") and other 
obligations incurred pursuant to this Ordinance, (ii) the 
lien and security interest created by the Loan Agreement, 
and (iii) any interest created by any other mortgage, deed 
of trust, assignment of lease or other security instrument 
executed and delivered by the Company or any third party 
as security for the loan under the Loan Agreement (the 
''Loan") as the Board of Finance of the City (the "Board") 
may provide for and approve in a bond resolution (the 
"Resolution"). The security for the Bonds shall be solely 
and exclusively (A) the absolute, irrevocable and uncon- 
ditional obligations of the Company to make the payments 
required by the Loan Agreement, (B) moneys realized from 
the liquidation of the liens and security interest created by 
the Loan Agreement and of any other lien or security inter- 
est created with respect to any property as security for the 
Loan or the Bonds as the Board may provide for and ap- 
prove in the Resolution, (C) moneys realized from any 
guaranty of the Bonds or of the Loan as the Board may 
provide for and approve in the Resolution and (D) any 
other property made available for such purpose. 

(e) None of the revenues derived by the City from 
the Loan Agreement shall be set aside as a depreciation 
'account (mentioned in the Act) since such a depreciation 
account would (i) be inconsistent with the loan form of 
transaction authorized hereby, and (ii) place an unrea- 
sonable burden on the Company so as to adversely affect 
the feasibility of the transaction and thus frustrate the 
legislative purposes of the Act. The Company shall cov- 
enant and agree in the Loan Agreement to properly operate 
and maintain (or cause to be operated or maintained) the 
Press (and, if financed from proceeds of the Bonds, the 
Addition) during the time any of the Bonds are outstand- 
ing. Such covenant and agreement shall include a specific 
undertaking by the Company to make (or cause to be 
made) all equipment replacements and repairs necessary 



70 ORDINANCES Ord. No. 230 

to insure that the security for the Bonds shall not be 
impaired. 

(f) The best interests of the City will be served by 
selling the Bonds at a private (negotiated) sale, as au- 
thorized by the Act, upon terms and conditions approved 
by the Board in the Resolution. 

(g) The Press and the Addition each constitute an 
"industrial building'* within the meaning of the Act, the 
Company is an ''industrial concern" (as mentioned in Sec- 
tion 366A(a) of the Act) and the Company is a "bona 
fide tenant" or "bona fide purchaser" (as mentioned in the 
Act). Therefor, the Press and, if acquired, the Addition, 
are to be acquired by a bona fide tenant or purchaser (as 
mentioned in Section 266B(d) of the Act), as evidenced 
by the Initial Letter of Intent as supplemented by the Sup- 
plemental Letter of Intent, which is a letter of intent 
within the meaning of the Act. 

(h) Neither the Bonds nor the interest nor redemption 
premium, if any, thereon shall ever constitute an indebted- 
ness or general obligation of the City or a charge against, 
or pledge of, the general credit or taxing powers of the 
City, within the meaning of any constitutional or charter 
provision or statutory limitation, or shall ever constitute 
or give rise to any pecuniary liability of the City. The 
Bonds and the interest and redemption premium, if any, 
thereon shall be limited obligations of the City, and shall 
be solely payable from (i) certain revenue derived from 
Loan repayments (both principal and interest) made to 
the City by the Company on account of the Loan, (ii) 
moneys derived from any collateral pledged under the Loan 
Agreement or under any assignment of lease, mortgage, 
deed of trust, guaranty or security agreement executed 
or delivered in connection with the Bonds or the Loan, 
and (iii) any other moneys made available to the City for 
such purpose. Accordingly, this Ordinance definitely fixes 
and determines the entire amount of the above described 
receipts and revenues of the City from the Loan (except 
for certain rights of the City to indemnification and to 
payments in respect of its administrative expenses in con- 
nection with the Bonds and the Loan) to be the amount 
of revenue derived from payments with respect to the Loan 



ORDINANCES 71 

which is necessary to be set apart and applied to the pay- 
ment of principal of, the interest on, and the redemption 
premium, if any, on, the Bonds. The proceeds of the Bonds 
will be deposited with the Trustee to be held and disbursed 
by the Trustee as provided in the Trust Agreement to be 
approved by the Board in the Resolution. The payments 
to be made by the Borrower pursuaunt to the Loan Agree- 
ment will be paid to, and disbursed to, the holders of the 
Bonds by the Trustee as provided in the Trust Agreement 
to be approved by the Board in the Resolution. No such 
moneys will be commingled with the City's funds or will 
be subject to the absolute control of the City, but will be 
subject only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that 
the proceeds of the Bonds are used to accomplish the pub- 
lic purposes of the Act and this Ordinance. The transac- 
tions authorized hereby do not constitute any physical pub- 
lic betterment or improvement or the acquisition of prop- 
erty for public use or the purchase of equipment for pub- 
lic use. The public purposes expressed in the Act are to be 
achieved by facilitating the acquisition of the Press and; 
if the Board approves, the Addition, by the Company. 

Sec. 2. And be it further ordained, That Section 2 of 
Ordinance No. 33 as amended by Ordinance No. 74 is 
hereby amended to read as follows : 

"Section 2. And be it further ordained, That the City 
is hereby authorized and empowered to issue, sell and 
deliver, in one or more series, from time to time its Bal- 
timore City, Maryland Industrial Development Revenue 
Bonds (Art Litho Company Project) in the aggregate 
principal amount not to exceed $1,000,000 subject to the 
provisions of THE INITIAL ORDINANCE AMENDED 
AND SUPPLEMENTED BY this Ordinance. The pro- 
ceeds of the Bonds will be loaned to the [Borrower] COM- 
PANY pursuant to the terms and provisions of the Loan 
Agreement, to be used by the [Borrower] COMPANY for 
the sole and exclusive purpose of financing the acquisition 
of the [Industrial Building] THE PRESS AND, IF AP- 
PROVED BY THE BOARD, THE ADDITION. The Bonds 
and the interest and redemption premium, if any, thereon 
shall be limited obligations of the City, be payable by the 



72 ORDINANCES Ord. No. 230 

City solely from revenue derived from loan repayments, 
principal and interest made to the City by the [Borrower] 
COMPANY pursuant to the Loan Agreement, monies de- 
rived from any collateral pledged under the Loan Agree- 
ment or under any assignment of lease, mortgage, deed of 
trust or security agreement executed or delivered in con- 
nection with the Bonds or the Loan and from any other 
monies made available to the City for such purpose. The 
security for the Bonds shall be solely and exclusively as 
provided in Section 1(d) and ![e](H) of this Ordinance." 

Sec. 3. And he it further oi^dained, That Section 3 of 
Ordinance No. 33 as amended by Ordinance No. 74 is 
hereby amended to read as follows : 

"Section 3. And he it further ordained, That each of 
the Bonds shall bear the descriptive title ''Baltimore City, 
Maryland Industrial Development Revenue Bond (Aii; 
Litho Company Project)", and MAY [shall] be issued, 
FROM TIME TO TIME, IN ONE OR MORE [two] 
series, [which shall] ALL SERIES TO be equally and 
ratably secured, further designated as ''Series A" (the 
"Series A Bonds"), [and] "Series B" (the "Series B 
Bonds"), AND THEREAFTER IN ALPHABETICAL SE- 
QUENCE respectively, provided, that the descriptive title 
for any of the Bonds may contain such other descriptive 
information (e.g. "1980 Series") as the Board may pre- 
scribe in the Resolution. The proceeds of the Series A 
Bonds shall be loaned to the COMPANY [Borrower] to 
be used to acquire the Press, and the proceeds of the Series 
B Bonds [shall] MAY be loaned to the [Borrower] COM- 
PANY AND/OR THE HOFFMANS to be used to acquire 
the Addition; provided, however, that the aggregate prin- 
cipal amount of the Bonds issued pursuant to this Ordi- 
nance shall not exceed $1,000,000. Unless the City Coun- 
cil shall, by ordinance or resolution, determine otherwise, 
the Bonds shall bear interest from the date of delivery at 
a rate equal to nine and one-quarter per centum (914%) 
per annum, adjusted as of the date of issuance of the 
Bonds and on the first Banking Day of each month follow- 
ing the date of issuance of the Bonds, (both upwards and 
downwards) by an amount equal to fifty percent (50%) 
of the difference, as of the date of adjustment, between 



ORDINANCES 73 

the then prevailing commercial prime rate of interest 
charged by Mercantile-Safe Deposit and Trust Company, a 
Maryland banking and trust company, and seventeen and 
one-quarter per centum (1714%) per annum, provided how- 
ever, that such floating rate of interest shall in no event 
be less than eight per centum (8%) nor more than ten 
per centum (10%) per annum; provided, however, that 
during any period in which the interest payable on the 
'Bonds is for any reason includible in the gross income (as 
defined in Section 61 of the Internal Revenue Code of 
1954, as amended) of the holder of any of the Bonds, the 
rate of interest on the Bonds shall be eleven and one-half 
per centum (111/4 %) per annum. Interest on the Bonds 
shall be payable periodically on dates to be prescribed by 
the Board in the Resolution and shall be calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed. The principal of the Bonds shall be payable in 
periodic installments on the dates and in the amounts to 
be prescribed by the Board in the Resolution." 

Sec. 4. And he it further ordained, That the City hereby 
accepts the Supplemental Letter of Intent in order to fur- 
ther evidence the commitment of the City to issue, sell and 
deliver the Series A Bonds in accordance with the terms 
and provisions of the Initial Ordinance as amended and 
supplemented by this Ordinance. 

Sec. 5. And be it further ordained, That Section 15 of 
Ordinance No. 33 as amended by Ordinance No. 74 is 
hereby amended to read as follows : 

"Section 15. And be it further ordained, That neither 
the Bonds nor the interest nor redemption premium, if 
any, thereon nor the obligations of the City under [the 
Deed of Trust andj the Trust Agreement shall ever con- 
stitute an indebtedness or general obligation of the City 
or a charge against, or pledge of the general credit or tax- 
ing powers of the City, within the meaning of any con- 
stitutional or charier provision or statutory limitation, or 
shall ever constitute or give rise to any pecuniary liability 
of the City. The Bonds and the interest and redemption 
premium, if any, thereon and the City's obligations under 
[the Deed of Trust and] the Trust Agreement shall be 



74 ORDINANCES Ord. No. 230 

limited obligations of the City, and shall be solely payable 
from (i) certain revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower on account of the Loan, (ii) moneys derived 
from any collateral pledged under the Loan Agreement or 
under any assignment of lease, mortgage, deed of trust, 
guaranty or security agreement executed or delivered in 
connection with the Bonds or the Loan, and (iii) any other 
moneys made available to the City for such purpose. Ac- 
cordingly, this Ordinance definitely fixes and determines 
the entire amount of the above described receipts and reve- 
nues of the City from the Loan (except for certain rights 
of the City to indemnification and to payments in respect 
of its administrative expenses in connection with the Bonds 
and the Loan) to be the amount of revenue derived from 
payments with respect to the Loan which is necessary to 
be set apart and applied to the payment of principal of, 
the interest on, and the redemption premium, if any, on 
the Bonds. The proceeds of the Bonds will be deposited 
with the Trustee to be held and disbursed by the Trustee 
as provided in the Trust Agreement to be approved by the 
Board in the Resolution. The payments to be made by the 
Borrower pursuant to the Loan Agreement will be paid 
directly to the holder(s) of the Bonds OR THE TRUSTEE 
as provided in the Trust Agreement to be approved by the 
Board in the Resolution. No such moneys will be com- 
mingled with the City's funds or will be subject to the 
absolute control of the City, but will be subject only to 
such limited supervision and checks as are deemed neces- 
sary or desirable by the City to insure that the proceeds 
of the Bonds are used to accomplish the public purposes 
of the Act and this Ordinance." 

Sec. 6. And be it further ordained, That Section 1 of 
Ordinance No. 33 as amended by Ordinance No. 74 is 
hereby repealed. 

Sec. 7. And be it further ordained, That Sections 4, 5, 
6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, and 20 of the 
Initial Ordinance will remain in full force and effect and 
shall not be modified by this Ordinance. 

Sec. 8. And be it further ordained. That the provisions 
of this Ordinance are severable, and if any provision, 



ORDINANCES 75 

sentence, clause, section or part hereof is held illeg"al, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the leg- 
islative intent that this Ordinance would have been passed 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included herein, 
and if the person or circumstances to which this Ordi- 
nance or any part hereof are inapplicable had been spe- 
cifically exempted herefrom. 

Sec. 9. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 231 
(Council No. 474) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL OF 

BALTIMORE FOR THE BENEFIT OF THE 

MUELLER PARTNERSHIP AND MUELLER 

ASSOCIATES, INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore, pursuant to and in ac- 
cordance with the Maiyland Industrial Development 
Financing Authority Act, to borrow, as a limited obli- 
gation and not upon the faith and credit of Mayor and 
City Council of Baltimore, a sum of money not to ex- 
ceed $1,000,000, and to relend the proceeds of such bor- 
rowing to The Mueller Partnership, a Maryland general 
partnership, to be used for the purpose of defraying a 
portion of the cost of acquiring a cei-tain industrial 



76 OKDINANCES Ord. No. 231 

project (within the meaning of such Act) consisting of 
(i) the acquisition of certain real property located in 
the Caton 95 Office Park at Caton Avenue and Inter- 
state 95 in Baltimore City, and (ii) the construction 
thereon of a building, which industrial project will be 
leased by the Partnership to Mueller Associates, Inc., 
a Maryland corporation, for use by Mueller Associates, 
Inc. as its corporate headquarters; authorizing and em- 
powering the Mayor and other appropriate officials of 
the City (a) to accept, on behalf of the City, the letter 
of intent of The Mueller Partnership and Mueller Asso- 
ciates, Inc., dated December 5, 1980, and (b) to execute 
any and all documents necessary to effectuate and to 
secure pajonent of the aforesaid borrowing, relending, 
and acquisition; conferring and imposing upon the De- 
partment of Housing and Community Development cer- 
tain powers and duties and providing that The Mueller 
Partnership and Mueller Associates, Inc. shall agree to 
submit certain plans and specifications to, and coordi- 
nate ^\dth, the Department of Housing and Community 
Development in connection with the acquisition of such 
industrial project; providing that if such borrowing 
for such industrial project is not consummated within 
six months from the date this Ordinance is approved 
by the Mayor, the authorization provided in this Ordi- 
nance for such borrowing shall expire, unless an ex- 
tension of such authorization is obtained; making cer- 
tain legislative findings; providing that the faith and 
credit of Mayor and City Council of Baltimore shall not 
be deemed to be pledged hereby; and generally provid- 
ing for and determining various matters and details in 
connection with such borrowing, relending, and acquisi- 
tion. 

By authority of 

MIDFA Act — Title 13, Sections 13-101 through 
13-155, inclusive, of the Financial Institutions Arti- 
cle of the Annotated Code of Maiyland (19'80 
Volume and 1980 Supplement) , as amended. 

RECITALS 

Whereas, Ordinance No. 1022, approved November 
24, 1975, was enacted transferring all the duties and 



ORDINANCES 77 

responsibilities of Baltimore City Economic Develop- 
ment Commission to the Department of Housing and 
Community Development, thereby vesting in such De- 
partment certain powers and duties to be exercised in 
connection with aiding the industrial growth of Balti- 
more City; and 

Whereas, pursuant to Title 13, Sections 13-101 
through 13-155, inclusive, of the Financial Institutions 
Article of the Annotated Code of Maryland (1980 Vol- 
ume and 1980 Supplement), as amended (the *'MIDFA 
Act"), Mayor and City Council of Baltimore (the ''City"), 
a "public body" as defined in Section 13-101 (o) of the 
MIDFA Act, has received a letter of intent dated De- 
cember 5, 1980 (the "Letter of Intent"), from The 
Mueller Partnership, a Maryland general partnership 
(the "Partnership") and an "industrial project appli- 
cant" as mentioned in Section 13-141 (c)(2) of the 
MIDFA Act, and Mueller Associates, Inc., a Maryland 
corporation (the "Lessee") and an "industrial project 
occupant", as contemplated by the MIDFA Act, request- 
ing the City to participate in the financing of the acquisi- 
tion of a certain industrial project (the "Industrial 
Project") to be located in Baltimore City, Maryland, 
and to be leased by the Partnership to the Lessee, and 
being more particularly described herein, by borrowing 
from a commercial bank or other lender which is a 
"mortgagee" within the meaning of the MIDFA Act 
(the "Lender") a sum of money not to exceed $1,000,000 
(the "Loan") ; and 

Whereas, Section 13-140 of the MIDFA Act author- 
izes, among other things, a public body of the State of 
Maryland (the "State"), to borrow money without 
pledging its faith and credit in support of a loan made 
under the MIDFA Act and to execute a mortgage to 
secure the mortgage loan, for the purpose of defraying 
the cost of acquiring any industrial project approved by 
the Maryland Industrial Development Financing Au- 
thority ("MIDFA") ; and 

Whereas, Section 13-141 of the MIDFA Act provides 
that the funds to be borrowed by the public body shall 
be utilized in connection with a "bona fide industrial 



78 ORDINANCES Ord. No. 231 

project" as evidenced by a letter of intent or similar 
agreement between the prospective industrial project 
applicant and the public body borrowing the money ; and 

Whereas, Section 13-140 of the MIDFA Act provides 
that the public body of the State may borrow money 
to relend to an industrial project applicant under Sec- 
tion 13-151, and Section 13-151 of the MIDFA Act pro- 
vides that, at its option, the industrial project applicant 
may be the mortgagor instead of the public body and 
give a mortgage to the mortgagee (as defined in the 
MIDFA Act) directly or to the public body to be as- 
signed to the mortgagee ; and 

Whereas, at its December 16, 1980 meeting, MIDFA 
approved a mortgage loan for the Industrial Project 
and the partial insurance by MIDFA of the mortgage 
payments (as defined in the MIDFA Act) ; and 

Whereas, the City has determined, based upon the 
findings and determinations hereinafter set forth, that 
it is in the best interests of the citizens of Baltimore 
City that the City accept the Letter of Intent and par- 
ticipate in the financing of the Industrial Project. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE 
MIDFA ACT: 

Section 1. Be it ordained by Mayor and City Council of 
Baltimore, That it is hereby found and determined as 
follows : 

(a) the financing of the acquisition of the Industrial 
Project will fulfill and accomplish the declared purposes 
of the MIDFA Act, which are to further industrial ex- 
pansion in the State and discourage the relocation of in- 
dustry outside the State, to increase employment, and to 
provide a larger taxable base for the economy of the State, 
resulting in new and expanded industrial enterprises to 
provide enlarged opportunities for gainful employment by 
the people of the State, and thus to insure the preserva- 
tion and betterment of the economy of the State; and, 
accordingly, it is in the best interests of the citizens of 
Baltimore City that the City participate in the financing of 
the acquisition of the Industrial Project; 



ORDINANCES 79 

(b) the Industrial Project is an "industrial project," 
as defined in Section 13-101 (g) of the MIDFA Act, and, 
as evidenced by the Letter of Intent, the funds to be bor- 
rowed by the City (to finance the acquisition (within the 
meaning of the Act) of the Industrial Project) will be 
utilized in connection with the acquisition (within the 
meaning of the MIDFA Act) of a ''bona fide industrial 
project," as mentioned in Section 13-141 (c)(2) of the 
MIDFA Act, for the use and benefit of the Partnership, 
a "prospective industrial project applicant," as mentioned 
in Section 13-141 (c)(2) of the MIDFA Act, and the 
Lessee, an "industrial project occupant", as contemplated 
by the MIDFA Act; and 

(c) MIDFA, at its December 16, 1980 meeting, ap- 
proved a mortgage loan for the Industrial Project and the 
insurance by MIDFA of all or a portion of the mortgage 
payments; and 

(d) the Partnership has exercised its option pursuant 
to Section 13-151 of the MIDFA Act to be a mortgagor 
(as defined in 13-101(1) of the MIDFA Act), and accord- 
ingly this Ordinance contemplates and authorizes a trans- 
action in the form of a loan to the Partnership of proceeds 
of the Loan. 

Sec. 2. And he it further ordained, That the City be 
and it is hereby fully authorized and empowered to borrow 
from the Lender a sum of money not to exceed $1,000,000 
(the "Loan") for a term of permanent amortization not 
to exceed twenty (20) years at an annual rate of interest 
which is at all times equal to seventy-one per cent (71%) 
of the fluctuating commercial prime rate of interest in 
effect at the Lender from time to time (the "Tax-Exempt 
Rate"); provided, however, that (a) on the date which 
is three years after the date on which the first payment of 
principal and interest is due and payable on the Loan, the 
Lender, in its sole and absolute discretion and by at least 
30 days* prior written notice to the City and MIDFA, may 
adjust the Tax-Exempt Rate, for the remaining term of 
the Loan, to a rate based on either (i) the fluctuating 
commercial prime rate in effect at the Lender as of such 
date, (ii) the yield on certain United States Treasury 
Bonds as of such date, or (iii) the yield on certain United 



80 ORDINANCES Ord. No. 231 

States Treasury Bills as of such date, which adjusted 
rate must first be approved by the Partnership and the 
Board of Estimates of the City and may not exceed the 
yield on six-month United States Treasury Bills minus 
one-lialf per cent (i/^%) per annum as of such date, and 
(b) on the date which is ten years after the date on which 
the first payment of principal and interest is due and 
payable on the Loan, the Lender, in its sole and absolute 
discretion and by at least 30 days' prior written notice to 
the City and MIDFA, may declare the maturity of the 
Loan to be accelerated, in which event the entire unpaid 
balance of the Loan, together with all accrued and unpaid 
interest thereon (at the applicable rate of interest) shall 
become due and payable on such date. In the event that 
it is at any time determined that the interest on the Loan 
is for any reason not exempt from federal income taxes, 
the rate of interest payable on the Loan shall be increased, 
retroactively and prospectively, to a rate of interest not 
to exceed the fluctuating commercial prime rate of interest 
in effect at the Lender from time to time plus one and 
one-half per cent (11/2%) P^^ annum. Interest shall be 
calculated on the basis of a 360-day year factor applied to 
actual days elapsed and shall be adjusted on any day on 
which a change occurs in the commercial prime rate of 
interest in effect at the Lender. 

Sec. 3. And he it further ordained, That the City cause 
the proceeds of the Loan to be used for the purpose of 
defraying a portion of the costs of acquiring the Indus- 
trial Project, which Industrial Project will consist of (a) 
the acquisition of a certain tract of land containing ap- 
proximately 3 acres and the improvements thereon, located 
in the Caton 95 Office Park in Baltimore City, Maryland 
(the **Land"), and (b) the construction on the Land of a 
'building consisting of approximately 15,000 square feet 
(the "Building"), to be leased by the Partnership to the 
Lessee, 10,000 square feet of which will be used by the 
Lessee as its corporate headquarters. The remaining 5,000 
square feet will initially be subleased by the Lessee to an 
eligible tenant and eventually be used by the Lessee as its 
need for space increases. 



ORDINANCES 81 

Sec. 4. And be it further ordained. That the City relend 
the proceeds of the Loan to the Pai-tnership, which shall 
use the proceeds of the Loan for the sole purpose of de- 
fraying a portion of the cost of acquiring the Industrial 
Project and leasing the Industrial Project to the Lessee. 

Sec. 5. And he it further ordained, That, as described 
generally in the Letter of Intent and as contemplated by 
the MIDFA Act: 

(a) the Loan will be secured by a mortgage or deed of 
trust, or by an assignment of mortgage or deed of trust, 
covering the Industrial Project; but the City shall in no 
event pledge its faith and credit, and the Loan, and the 
interest thereon, will be repaid by the City solely from 
payments to be made by the Partnership to the City pur- 
suant to the Loan Documents (hereinafter defined) and 
from any other sources approved by the City, agreed to 
by the Partnership and the Lender, and permitted by the 
MIDFA Act; 

(b) the Partnership will make payments under the 
Loan Documents sufficient to pay (i) the principal of and 
interest on the Loan, (ii) all taxes and payments in lieu 
of taxes, and (iii) any expenses incun-ed by the City in 
connection with the administration of the Loan, all as the 
same become due and payable ; and 

(c) any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan will be paid by the 
Partnership. 

Sec. 6. And he it further ordained. That the City will 
not incur any liability, direct or indirect, or any cost, 
direct or indirect, in connection with the aforesaid bor- 
roAving or relending or the acquisition of the Industrial 
Project, and the Industrial Project vnW be acquired so as 
to conform to the requirements of the Partnership and the 
Lessee; accordingly, the Partnership and the Lessee shall 
(i) select and work with the suppliers and contractors 
which will undertake the construction of the Building and 
will negotiate and approve all contracts, constniction plans 
and specifications, and financing an-angements in connec- 
tion with the acquisition of the Industrial Project, and 



82 ORDINANCES Ord. No. 231 

(ii) pay all necessary costs incurred by or on behalf of 
the City in connection with the aforesaid financing, in- 
cluding the administration thereof, and in connection with 
the acquisition of the Industrial Project, including (with- 
out limitation) all costs incurred in connection with the 
development of the appropriate legal documents necessary 
to effectuate the proposed financing and acquisition, in- 
cluding (without limitation) the fees of legal counsel and 
compensation to any other person (other than full-time 
employees of the City) performing services by or on be- 
half of the City in connection with the transactions con- 
templated by this Ordinance, whether or not the proposed 
financing and acquisition are consummated. 

Sec. 7. And he it further ordained, That in connection 
with the borrowing and the acquisition described in this 
Ordinance, the Mayor and other appropriate officials of 
the City of Baltimore are hereby authorized and empow- 
ered: 

(i) to accept the Letter of Intent in order to ma- 
terially induce the Partnership to pursue the transactions 
described therein and to further evidence the present in- 
tention of the City to participate in the financing of the 
acquisition of the Industrial Project ; 

(ii) to execute and to accept such other documents, 
instruments and certificates as are necessary or appro- 
priate to evidence and secure the obligation of the Part- 
nership to make payments to the City sufficient to pay the 
principal of and interest on the Loan and to consummate 
the Loan and the acquisition of the Industrial Project, 
including, but not limited to, any and all leases, loan agree- 
ments, financing agreements, mortgages, deeds of trust, 
notes, assignments, security agreements, consolidation 
agreements, and any and all necessary financing state- 
ments, the form and substance of all of which (other 
than financing statements and other customary closing 
certificates and documents) shall be approved by the Board 
of Estimates as hereinafter provided. (All of such docu- 
ments, instruments and certificates are herein collectively 
referred to as the "Loan Documents") . 



ORDINANCES 83 

Sec. 6. And he it further ordained, That, notwithstand- 
ing anything contained in this Ordinance or in any docu- 
ment authorized herein to be executed, or the execution 
and delivery of any document authorized herein, neither 
the faith and credit nor the taxing power of the City 
shall be deemed to be pledged hereby, and the City shall 
at no time be required to exercise its taxing power in 
order to implement the transactions authorized hereby. 
Nothing contained in this Ordinance shall be deemed or 
construed in any way to create or constitute a debt of the 
City within the meaning of any constitutional, statutory 
or other debt limitation provision, or to constitute any act 
or purpose other than that contemplated by the MID FA 
Act. Neither the Loan to be made to the City by the 
Lrender nor the interest thereon shall ever constitute an 
indebtedness or a charge against the general credit or 
•taxing powers of the City, within the meaning of any 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pecu- 
niary liability of the City. 

Sec. 9. And be it further ordained, That the terms and 
provisions and form and substance of any and all docu- 
ments and instruments to be executed or entered into by 
the City in connection with the transactions authorized by 
this Ordinance, other than customary closing certificates 
and documents and financing statements, shall be ap- 
proved by the Board of Estimates of the City (the 
"Board") prior to the execution and delivery thereof by 
the Mayor of the City. 

Sec. 10. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of 
the City or by the Chief, Bureau of Treasury Manage- 
ment of the City or by such other appropriate official of 
the City as may be designated by the Mayor of the City 
to execute such financing statements. 

Sec. 11. And be it further ordained. That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered, for the purpose of this 
Ordinance only: 



84 ORDINANCES Ord. No. 231 

(a) To promote, make investigations, conduct prelimi- 
nary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the 
transactions authorized by this Ordinance, all pursuant 
and subject to the provisions of the Charter of Baltimore 
City; and 

(b) After the transactions authorized by this Ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and 
all other things necessary, proper or expedient to assure 
the full performance by the Partnership of any and all 
of the terms and provisions in any and all agreements 
entered into between the City and the Partnership, all 
of which shall be subject to the provisions of the Charter 
of Baltimore City. 

Sec. 12. And be it further ordained, That the Partner- 
ship shall agree, in the Loan Documents, that : 

(a) It will submit any plans and specifications for the 
construction of the Building to the Department of Housing 
and Community Development for approval. 

(b) It understands that, in addition to the economic 
feasibility of the acquisition of the Industriial Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site 
plan, architectural treatment, building plans, elevations, 
materials, color, construction details, access, parking, load- 
ing, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Project; and that the Department of Housing 
and Community Development may refuse approval of any 
plans and specifications for aesthetic or functional reasons. 

(c) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 13. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 



ORDINANCES 85 

or unconstitutional or inapplicable to any person or cir- 
cumstances, such illeg'ality, invalidity or unconstitutional- 
ity, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 14. And be it further ordained, That, if the Loan 
is not consummated within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to borrow the Loan shall expire; provided, however, 
that the Board may, after a showing of good cause at a 
public hearing held before the Board, extend such authori- 
zation for one additional term not to exceed six months. 
The Board, in its sole discretion, shall determine the suffi- 
ciency, or lack thereof, of the reasons presented for any 
requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. 

Sec. 15. And be it further ordained, That this Ordinance 
is passed as official action by the City for the purpose of 
materially inducing the Partnership to pursue the trans- 
action described in the Letter of Intent, and the Letter of 
Intent is to be accepted as further evidence of such official 
action. 

Sec. 16. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



86 ORDINANCES Ord. No. 232 

No. 232 
(Council No. 184) 

AN ORDINANCE concerning 

REZONING— 3600 WEST BELVEDERE AVENUE 

FOR the purpose of changing the zoning for the property 
known as 3600 West Belvedere Avenue from the R-6 
Zoning District to the B - 1 - 1 R-7 Zoning District, as out- 
lined in red on the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 12 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 12 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended) title ''Zoning" be and it is hereby 
amended by changing from the R-6 Zoning District to the 
B 1 1 R-7 Zoning District the property known as 3600 West 
Belvedere Avenue as outlined in red on the plats accompany- 
ing this ordinance. 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and when the Mayor approves the ordinance, 
he shall sign the plat. The Director of Finance shall then 
transmit a copy of the ordinance and one of the plats to the 
following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development and the Zoning 
Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 20, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 87 

No. 233 

(Council No. 447) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of providing for reserved parking on the 
east side of Lorena Avenue near Marbourne Avenue. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the east side of Lorena Avenue from 
a point 253 feet north of Marbourne Avenue to a point 
273 feet north of Marbourne Avenue, parking is reserved 
for Joseph Fastner. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved February 20, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 234 
(Council No. 481) 

AN ORDINANCE concerning 

TENURE OF CABLE TV COMMISSION 

FOR the purpose of altering the tenure of the Baltimore 
City Cable Televsion Commission and requiring an in- 
terim report from the Commission. 

BY amending 

Article 1 — Mayor, City Council, and Municipal Agencies 
Subtitle — CATV Commission 
Sections 182.5, 182.12 (j) and 182.12(1) 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 182.5, 182.12 (j) and 182.12(1) 



88 ORDINANCES Ord. No. 235 

of Article 1 of the Baltimore City Code (1976 Edition, as 
amended) be and they are hereby amended to read as 
follows: 

CATV COMMISSION 

182.5 Commission — Tenure 

The term of the members shall ![be one year from the 
first meeting of the Commission] expire on June 30 y 1981, 

182.12 

(j) Submit to the Board of Estimates, the Mayor, and 
the City Council a report which outlines the activities of 
the CATV Commission and the development of CATV in 
Baltimore City. An interim report shall be presented by 
February 16, 1981 and a final report shall be due on June 
30, 1981, 

182.12 

(1) The Commission shall serve i[for one year from the 
date of the first meeting of the Commission.] until June 
30, 1981. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 20, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 235 

(Council No. 136) 

AN ORDINANCE concerning 

REZONING^5201 HAMILTON AVENUE 

FOR the purpose of changing the zoning for the property 
known as 5201 Hamilton Avenue from the B-2-1 Zoning 



ORDINANCES 89 

District to the B-3-1 Zoning District as outlined in red on 
the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 30 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 30 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended), title ''Zoning" be and it is hereby 
amended by changing from the B-2-1 Zoning District to the 
B-3-1 Zoning District the property known as 5201 Hamilton 
Avenue, as outlined in red on the plats accompanying this 
ordinance. 

Sec. 2. And he it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and when the Mayor approves the ordinance, 
he shall sign the plat. The Director of Finance shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 23, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



90 ORDINANCES Ord. No. 23G 

No. 236 

(Council No. 301) 

AN ORDINANCE concerning 

ADVERTISING SIGNS 

FOR the purpose of providing the presence of an advertise- 
ment on a city owned structure constitutes prima facie 
evidence that it was placed there with the consent of the 
party whose name, business, location, or merchandise is 
advertised thereon. 

BY adding to 
Article 19 — Police Ordinances 
Subtitle — Advertising Signs 
Section (s) 1 (c) 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of the Baltimore City Code 
(1976 Edition, as amended) be added, repealed, or 
amended, to read as follows : 

Article 19 — Police Ordinances 

Advertising Signs 

1. Advertising Signs. 

(c) For the purpose of enforcing this section, the pres- 
ence of any advertisement, sign, notice, or other writing, 
other than a notice posted pursuant to laiv, upon the public 
right of way o^ , upon a city-otvned building or structure, 
UPON ANY BRIDGEWAY OVER OR UTILITY POLE 
IN THE PUBLIC RIGHT OF WAY, OR UPON ANY 
PROPERTY PROVIDED FOR THE CONVENIENCE OF 
PASSENGERS IN A TRANSIT LOADING ZONE, con- 
stitutes prima facie evidence that it was printed, placed, 
fixed or erected at the direction of, or with the consent and 
approval of, the party or his agent or representative in the 
City whose name, business, location, or merchandise is ad- 
vertised thereon. 



ORDINANCES 91 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved February 23, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 237 

(Council No. 306) 

AN ORDINANCE concerning 

ENERGY COSTS OF CITY AGENCIES 

FOR the purpose of requiring the amount and cost of 
energy used by each agency to be stated in the MA- 
TERIAL ACCOMPANYING EACH PROPOSED oi=4i- 
»aftee of ostimatos AN ANNUAL ACCOUNTING. 

BY adding to 

Article 1 — Mayor, City Council and Municipal Agencies 

Section 164 A — Energy Costs 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 164 A be and it is hereby 
added to Article 1 of the Baltimore City Code (1976 Edi- 
tion, as amended), title "Mayor, City Council and Munici- 
pal Agencies", subtitle "Energy Costs", and to read as 
follows : 

Energy Costs 

16JfA, 5^ appear in budget 

In addition ^ ihs material ih€^ i& required io accompany 
each proposed ordinance ^ estimates thM^ is specified in 
Section ^ ^ Article 4^ #/ Uis Charter of Baltimore QU^ 
(1964 Revision, €^ amended), ths Department of- Finance 
shall provide an energy consumption item fo^ each mi^ 
agency ON OR BEFORE JANUARY 1 OF EVERY YEAR 
EACH CITY AGENCY SHALL PROVIDE THE DE- 
PARTMENT OF FINANCE WITH AN ENERGY CON- 



92 ORDINANCES Ord. No. 238 

SUMPTION ITEM WHICH SHALL BE- INCLUDED IN- 
THE MATERIAL . This item shall state the amount 
budgeted for energy consumption in the current fiscal year 
and the amount budgeted for the next fiscal year. The 
amounts shall be stated in the units of energy as billed by 
the sources, such as gallons, kilowatt-hours or therms; the 
energy equivalent per year in the International System of 
Units (joules per year) or BTUs by each energy source; 
the cost of each type of energy; and the total cost of energy 
for each agency. THIS INFORMATION SHALL BE 
TRANSMITTED TO THE CITY COUNCIL ON OR BE- 
FORE MARCH 1 OF THE SAME YEAR. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 24, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 238 
(Council No. 429) 

AN ORDINANCE concerning 

PENSION SYSTEM INVESTMENTS 

FOR the purposes of permitting the Board of Trustees of 
the Employees' Retirement System and Fire and Police 
Employees' Retirement System to invest certain cash 
reserves in Short Term Investment Funds. 

BY adding to 

Article 22 — Retirement Systems 

Subtitle — Employees' Retirement System 

Section— 7(a) (11) Baltimore City Code (1976 Edition 

as amended) 

BY adding to 
Article 22 — Retirement Systems 
Subtitle — Fire and Police Employees 
Section— 35(a) (11) 
Baltimore City Code (1976 Edition as amended) 



ORDINANCES 93 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new sub-paragraph (11) be and it is 
hereby added to Section 7(a) of the Baltimore City Code 
(1976 Edition, as amended), title ''Retirement Systems," 
subtitle ''Employees' Retirement System," to read as 
follows : 

(11) Short Term Investment Funds, of which the desig- 
nated custodian of the assets of the Employees' Retirement 
System is manager and /or trustee, invested or reinvested 
as a part of the commingled fund in bonds, notes or other 
evidences of indebtedness ivhich are payable on demand 
(including variable amount notes) or ivhich have a ma- 
turity date not exceeding ninety-one days from the date of 
purchase; provided, however, that the Trustees of the Re- 
tirement System may invest and reinvest up to, but not 
more than, 20% of any eligible funds at any time forming 
any part of the commingled fund in bonds, notes or other 
evidences of indebtedness having a maturity date exceed- 
ing ninety-one days from the date of purchase; and fur- 
ther provided that the investment in such short term in- 
vestment funds shall be limited to the uninvested cash 
reserves temporarily held by the custodian. 

Sec. 2. And be it further ordained, That new sub-para- 
graph (11) be and it is hereby added to Section 35(a) of 
the Baltimore City Code (1976 Edition, as amended) title 
"Retirement Systems" subtitle "Fire and Police Employ- 
ees," to read as follows: 

(11) Short Term Investment Funds, of which the des- 
ignated custodian of the assets of the Fire and Police Em- 
ployees' Retirement System is manager and/or tnistee, 
invested or reinvested as a part of the commingled fund 
in bonds, notes or other evidences of indebtedness which 
are payable on demand (including variable amount notes) 
or which have a maturity date not exceeding ninety-one 
days from the date of purchase; provided, hoivever, that 
the Trustees of the Retirement System may invest and 
reinvest up to, but not more than, 20% of any eligible 
funds at any time forming any part of the commingled 
fund in bonds, notes or other evidences of indebtedness 
having a matuHty date exceeding ninety-one days from the 
date of purchase; and further provided that the investment 



94 ORDINANCES Ord. No. 239 

in such short term investment funds shall he limited to the 
uninvested cash reserves temporarily held by the custodian. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 239 
(Council No. 332) 

AN ORDINANCE concerning 

Rx\DIOS AN£^ SOUND DEVICES 

FOR the purpose of prohibiting the ^tse of aay sound device 
o» Q¥ adjacent to a public place fop commorcial p4»^ 
posos> r e quiring €b p e rmit from ^io Director of Financ e 
to ^use a sound device m a public place, prohibiting the 
»se of a sound device at certain plac e s a&4 tim e s, ^i^o- 
viding fo^ f^:ee permits to governmental agenci e s, esi- 
e mpting churches aftd s3magogues, a»4 providing penal - 

B¥ r e pealing 

Article i^ — Police Ordinanc e s 

Sections 441 aad 131xAl — Radios 

Baltimore Qi;^ Cod e (1976 Edition, as amended) 

JB¥ adding 

Article iO — Police Ordinances 

Section IrSl — Radios and Sound Devices 

Baltimore C4ty Code (1976 Edition, as amended) 

Section ^ Bs U ordained by- the Mayor €md City Council 
oj- Baltimore, That Sections 4^ a^ 131A of Article i^ of 
the Baltimore Qi^ Cod e (1976 Edition, as amended) titlo 
"Police Ordinances", subtitl e "Radios'" be &¥^ ^key- &¥e 
h e reby r e pealed: 



ORDINANCES 95 

CRx^DIOS 

iSlr ^^se OR mass transit vohiclo. 

it is unlawful loj^ aay person who is a pass e ng e r o^ 
rider upon aay public passeng e r motor fe«Sy streetcar o? 
other mass transit vehicle to operate a»4 to mak e audibl e 
sounds with aa^j radio^ transistor radio, 9¥- oth e r eloe- 
tronic e quipment g^ device. Aay p e rson violating the pi^o- 
visions of this section is guilt}'- of a misdemeanor asd upon 
conviction thereof shall be subject to a fa€ fiot exceeding 
t^ dollars ($10) io¥ oaeh s^eh violation. 

131x4.. ^Use i» residential areas. 

4^4- ^ is unla^^rful foj: afiy person to ttsoj operate 0¥ 
p e rmit to be pla3^od, ^i&^ oj^ operated asy radio, musical 
instrument, phonograph q¥ other machin e o^ device fo^ 
^io producing Q¥- reproducing of sound outside the eos- 
foos of a dwelling o^: a motor vehicle m a residential a^^ea 
between tho hours of 44 prmr aad ? arSiT ¥he op e ration of 
ai^ such setj instrum e nt, phonograph, machine o^ device 
outside the confin e s of a dw e lling Q¥- a motor vehicle m such 
a manner as to be plainl}^ audible at a distance of eO feot 
from the device shall be prima facie evidence of a viola - 
tio» of this section. 

4^ Aey p e rson violating aay provisions of this section 
is guilty of a misdemeanor aftd upon conviction thereof 
shall be subject to a fee »ot exceeding ose hundred dollars 
($100) fo¥ each such violation. 

4o)- The provisions of this section shall ftot apply to 
s ound equipment ^is^ at Memorial Stadium, to city sjpon - 
sored e vents i^ public parks, o^ to federal^ stat e , o^ loeal 
governmental agencies oj: public service companies as 4q- 
fin e d m x^rticlo ?S of the Annotated Code of Maryland.] 

Seor 2t And h^ ii further ordained^ That gow Section 4Si 
is hereby added to Article W- of tho Baltimore €ity Code 
(1976 Edition, as amended), titio 'Tolico Ordinances", to 
com e under the row subtitle ''Radios afid Sound Devices'', 
a»4 to road as follows: 



96 ORDINANCES Ord. No. 239 

RADIOS AN^ SOUND DEVICES 

i44rr Rogulation, 

■(^ L egislativG findings i 

a i& herehy declared tltM the uss m^ operation o/ myy- 
radio device q¥- apparatus m^ any- device m^ apparatits f^^ 
the amplification of- sounds from €hm/- raAio, phonograph o^ 
other sound - making o^ sound - producing devico y m^ any- de^ 
mee e¥- apparatus fm^ the reproduction m^ amplification of- 
the hum a n voice m^ other sounds, in front ef e^ outside o/ 
€my building, place e^ premises, m^ in e¥- through mm- win- 
4oib\ dooriuay m^ opening of- such building, place o^ prem - 
isesy abutting m^ adjacent t^ a public street, park m^ pl ac e, 
e^ in e¥- upon any vehicle operated, standing o^ being in 
e^ upon any public street, park m^ place luhere the sounds 
therefrom nyay he heard upon wny public street, park o^ 
place, m^ from any stand, pla.tform m^ other structure, e^ 
from any airplane m^ other device used fe¥- flying, fl ying 
over the eityj e^ en a boat m^ en the waters luithin the 
jurisdiction ef- the city ^ e^ anytvhere en e^ in the public 
streets, parks e^- places, is detrimental te the healthy we^ 
fa^m and s a jety ef ihe inhabitants ef the city, in that s u ch 
use 9^ operation diverts the attention ef pedestrians and 
vehicle operators in the public s treets, parks amd places^ 
thus increasing tra^ffic hajza.rds and causing injury te Ufe 
amd limb. li is hereby further declared that such use e^- 
operation disturbs the public peace and comfort and the 
peaceful enjoyment by the people of their rights te use 
the public streets, parks and plaxes fe^ street, park amd 
other public purposes and disturb s the peace, quiet amd 
comfort ef the neighboring inhabitants. Therefore^ it is 
hereby declared a^ a matter ef legislcJive determination 
that the prohibition ef such use e^ operation far- commer - 
eiai e¥- business advertising purposes amd the proper regu - 
lation of such use and operation fe^ aU eihe^ purposes is 
essential te protect the health, tv elf are amd safety of the 
inhabitants of the city - , te secure the health, safety, com - 
fort^ convenience, and peaceful enjoyment hy ihe peopl e 
of their rights te use the public streets, p a rks a^nd places 
fe¥- street^ park and other public purposes amd te secu^t^ 
the peace, quiet wnd comfort ef the city's inhabitants i H is 
hereby further declared as a matter ef legislative deter - 



ORDINANCES 97 

mination thai ihs Gxpense o/ supervising €md regulating 
ih^ us^ and operation 9^ such sound devices and apparatus 
fgq:: puvposes otker tkcu Commercial and business advertis - 
mg purposes should h^ borne by- ihs persons using o^ o^ 
Grating such devices and apparatus /and thai ih^ require - 
ment 0/ a nominal fe^ j-ov- ths issuance of- a permit f&^ such 
uss and operation as hereinafter prescribed is intended i^ 
defray ihe expenses of regulating such ns^ o^ operation fo^ 
ihe ki mlth, welfare and safety of aU th^ people. 

-f^ Definitions. As us^ in this section: 

ir Ths term "sound device q¥- apparatus" shall mean 
awy- raAio device a^ apparatus, o^ any- device m^ apparatus 
/o^ ih^ amplification of any- sounds from any- vaAio, phono - 
graph, a¥- other sound - maMng m^ sound - producing device^ 
m^ any device 9^ apparatus fm^ ihe reproduction o^ ampli - 
fication of ihe human voice m^ other sounds; 

^ ¥hs phrase '-^ use m^ operate any sound device m^ 
a - pparatus iny onj near, m^ adjacent to- amy public street, 
park Q¥- place," sh a ll mean to use or- operate a^ cause ta 
be used a^ operated any soun d device e^ apparatus in front 
gq/i outside 'of- amy building^ place e^ premises, m^ in m^ 
through any ivindouj, doorivcy a^ opening of such building, 
place e¥- premises, a.butting on m^ adjacent to- a public 
street, park e^ place, en in a^ upon an>y vehicle operated^ 
standing e^ being in en en any public street, pr.rk en place^ 
ivhere the sounds therefrom nmy he heard upon any public 
street, park en place, en from any standi platform - en other 
structure, en fnem any other airplam.e en other device used 
fen flying, fl.ying over the city, en en a boat en en the 
luaters loithin the jurisdiction ef the city, en anywhere en 
the public streets, parks en places, 

■fe4- Use and operation ef the sound devices and app^^ra - 
tus fen commercial and business advertising purposes, it 
sh a ll be unlaiufid fen any person te use en operate any 
sound device en apparatus *% en^ near en adjacent te any 
public street, park en place ^ fen commercial arnd business 
a.dvertising purpose, 

■fd^ Use and operation ef sound devices and apparatus 
fen other than commercial and business advertising pur - 
poses; permit required. It shali be unlaivful fen any person 



98 ORDINANCES Ord. No. 239 

^ us^ 9^ operate emy- sound device o^ apparatus^ my my, 
nm^ o^ adjacent to i^my- public street, p a rk m^ place, unless 
he- shall have f^fsi obtained a permit to ho issued by- tho 
Director of Finance in tho manne r hereinafter prescribed 
€md unless ho shall comply with tho provisions of this 
section mid tho terms omd conditions prescribed in such 
permit t 

■M- Applications i — Each applicant fo¥- o, permit to uso 
o^ operate a sound device o^ apparatus iny on^ ne a r o^ 
adjcjcent to any public street, perk o^ place shall fiio a 
written application with tho Director of Finance €yt least 
fi/^o days prior to tho dato upon tuhich such sound device 
o^ apparatus is to bo used o¥- operated. Such application 
shall describe tho specific location in tohich such sound 
device o^ apparatus is proposed to bo usod or- operated, tho 
day a^d tho hou^ or- hours during lohich it is proposed to 
bo used o^ operated^ tho volume of sound lohich is p^^o-- 
posed to bo usod measured by- decibels or- by amy other 
efficient method of measuring sounds amd such other po^ 
tinent information a^ tho Director of Finance ma>y deem 
necessary to enable him to carry out tho provisions of this 
section* 

■ff^ Issuance of permit; terms, — Tho Director of Fin 
nance shall not deny a permit fo¥- am^ specific time^ location 
o^ usoj to am^ applicant who complies with tho provisions 
of this section, except fo^ ono o^ more of tho reasons 
specified in subdivision -fg-)- hereof, 0¥- fo¥- non - payment of 
tho foo prescribed in subdivision -ff^ hereof, o^ to prevent 
over lapping in tho granting of permits, Ecxh permit issued 
pursuant to this section shall describe tho specific location 
in tohich such sound device or apparatus nmy bo used o^ 
operated thereunder, tho exact period of time fo^ whioh 
such apparatus or device ma^ bo operated in such location^ 
tho maximum volume of sound tuhich may bo employed 
in such uso o^ operation and such other terms and condi - 
tions as may bo necessary^ fo^ tho purpose of securing tho 
health, safety, comfort, convenience amd peaceful enjoy - 
ment by tho people of their right to uso tho public streets^ 
parks or- places fo¥- street, park o^ other public purposes, 
protecting tho haalth, to elf are and safety of tho inhabi - 
tants of tho city, and securing tho peace, quiet amd com - 
fort of tho neighboring inhabitants, 



ORDINANCES 99 

.(^ Special restrictions, — Tfm Director o^ Finance shall 
not issue €my- permit f^^ th^ us^ of a sound device o^ 
apparatus: 

^ In fmy- location ^oithin fivs hundred feei of- a school -, 
courthouse m^ churchy during tho hours of- school^ court 0¥- 
tuorship^ respectively^ o^ within fiv^ hundred fe^ of emy- 
hospital o¥- similar institutions; 

^ in €my- location ivhere tho Director of Finance upon 
investigation^ shall determine ihM tho conditions of ^^^ 
hicular o^ pedestrian traffic o^ both a^m such thort iho us^ 
of suoh €b device o^ apparatus mill constitute a threat to 
iho safety of pedestrians o¥- vehicular operators; 

St In €my- location luhere iho Director of Finance upon 
investigation, shall determine that conditions of overcrotod - 
ing o¥- of street repair o^ other physical conditions m^ 
sueh ihoi tho uso of a sound device o^ apparatus will de^ 
prive tho public of iho right of iho safe^ comfortaMe^ oon- 
venient and peaceful enjoyment of a^ny- public street^ park 
o^ place fo¥- street, perk o^ other public purposes, o¥- wiU 
constitute a threat io iho safety of pedestrians o^ vehicle 
operators; 

4t In o^ on an/y vehicle o^ other device tvhile it is in 
transit; o^ 

^ Betiveen the hours of ton p,m, Gmd nine fe-mr 

■fh^ Fees — E^eh applicant fo¥- a, permit issued under 
tho provisions of this- section shall pmf- a foo of fivs dollars 
f^qc. tho uso of each sound device o¥- apparatus fo^ each 
dmh provided^ hotuever, thort permits fo^ tho uso of such 
sound devices o^ apparatus shall bo issued to am^ bureau^ 
commission^ board o^ department of tho United States 
government, tho state of Maryland and tho oity of Balti - 
more without fo&T 

4i^ ^£ho provisions of this section shall not apply to 
tho uso 0¥- operation of any- sound device o^ apparatus hy 
any- church o¥- synagogue on o^ ivithin its- own premises^ 
in connection with tho religious rites o¥- ceremonies of such 
church 0¥ synagogue o¥- to public service companies OrS do- 
fined in Article ^ of tho Annotated Code of Maryland* 



100 ORDINANCES Ord. No. 239 

44^ Violations — Amj- person mhe shall violate €m^ p^m- 
vision ^ this section, upon conviction thereof^ shall be 
punished hy- a fine o/ noi more then ttventy - five dollars o^ 
imprisonment fm^ thirty days, 9^ both. 

■fk)- Rules mid regulations — ¥he Director ef- Finance 
shoM hc^vG the poiuer te^ make such rules €md regulations as 
mw^he necessary ie carry md ihe provisions ef- this section^ 

Seer St And be it further ordained. That m th« ovont 
it he judicially dotorminod that a^^ word, phras e , clause^ 
sontonco, paragraph, s e ction o^ pa^ m o^ o^ thi^ ordinanc e 
Q¥ the application ther e of to any person o^ circumstanc e s 
is invalid, the remaining provisions and the application of 
&tt€h provisions to othor p e rsons o^ circumstances shall not 
fee aff o ct o d thoroby, the Mayor an4 Gity Council horob^^ 
declaring that they would hav e ordainod the remaining 
provisions of this ordinance without the word^ phras e ^ 
clause, s ontonce, paragraph, section o*: pai4 oj: the applica - 
tion th e r e of so heM invalid. 

Seer 4t And he it further ordadned. That this ordinanc e 
shall take effect thirty days from ^ie date of its passage. 

LOUD AND DISTURBING NOISES 

FOR THE PURPOSE OF PROHIBITING LOUD AND 
DISTURBING NOISES, PROVIDING FOR TEMPO- 
RARY EXEMPTION BY PERMIT, AND PROVIDING 
PENALTIES. 

BY ADDING 

ARTICLE 19— POLICE ORDINANCES 

SECTION 58A— LOUD AND DISTURBING NOISES 

BALTIMORE CITY CODE (1976 EDITION, AS 

AMENDED) 

SECTION 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, THAT NEW 
SECTION 58A BE AND IT IS HEREBY ADDED TO 
ARTICLE 19 OF THE BALTIMORE CITY CODE (1976 
EDITION, AS AMENDED), TITLE "POLICE ORDI- 
NANCES'^ TO COME UNDER THE NEW SUBTITLE 
"LOUD AND DISTURBING NOISES^' AND TO READ 
AS FOLLOWS: 



ORDINANCES 101 

LOUD AND DISTURBING NOISES 

58A. LOUD AND UNNATURAL NOISES 
PROHIBITED. 

(A) IT SHALL BE UNLAWFUL FOR ANY PERSON 
TO MAKE. CONTINUE OR CAUSE TO BE MADE OR 
CONTINUED ANY LOUD, UNNATURAL OR UN- 
USUAL NOISE OR ANY NOISE WHICH EITHER AN- 
NOYS, DISTURBS, INJURES OR ENDANGERS THE 
COMFORT, REPOSE, HEALTH, PEACE OR SAFETY 
OF OTHERS WITHIN THE LIMITS OF THE CITY. 

(B) PROHIBITED NOISES ENUMERATED. 

THE FOLLOWING ACTS AMONG OTHERS ARE 
HEREBY DECLARED TO BE LOUD, DISTURBING 
AND ANNOYING NOISES IN VIOLATION OF THIS 
ARTICLE : 

(1) THE SOUNDING OF ANY HORN OR SIGNAL- 
ING DEVICE ON ANY AUTOMOBILE, MOTORCYCLE 
OR OTHER VEHICLE ON ANY STREET, WAY, AVE- 
NUE OR ALLEY OR OTHER PUBLIC PLACE EXCEPT 
AS A DANGER WARNING; THE CREATION BY 
MEANS OF ANY SUCH SIGNALING DEVICE OF ANY 
UNREASONABLY LOUD OR HARSH SOUND; THE 
SOUNDING OF ANY SUCH DEVICE FOR AN UN- 
NECESSARY OR UNREASONABLE LENGTH OF 
TIME; THE USE OF ANY SIGNALING DEVICE EX- 
CEPT ONE OPERATED BY HAND OR ELECTRICITY; 
THE USE OF ANY HORN, WHISTLE OR OTHER DE- 
VICE OPERATED BY ENGINE EXHAUST; AND THE 
USE OF ANY SUCH SIGNALING DEVICE WHEN 
TRAFFIC IS FOR ANY REASON HELD UP. 

(2) THE USING, OPERATING OR PERMITTING 
TO BE PLAYED, USED OR OPERATED OF ANY RA- 
DIO RECEIVING SET, MUSICAL INSTRUMENT, PHO- 
NOGRAPH OR OTHER MACHINE OR DEVICE FOR 
PRODUCING OR REPRODUCING OF SOUND IN A 
SUCH MANNER AS TO DISTURB THE PEACE, QUIET 
AND COMFORT OF OTHER PERSONS OR AT ANY 
TIME WITH LOUDER VOLUME THAN IS NECES- 
SARY FOR CONVENIENT HEARING FOR THE PER- 



102 ORDINANCES Ord. No. 239 

SON OR PERSONS WHO ARE IN THE IMMEDIATE 
VICINITY, VEHICLE OR CHAMBER IN WHICH SUCH 
MACHINE OR DEVICE IS OPERATED AND WHO ARE 
VOLUNTARY LISTENERS THERETO. THE OPERA- 
TION OF ANY SUCH SET, INSTRUMENT, PHONO- 
GRAPH, MACHINE OR DEVICE IN SUCH A MAN- 
NER AS TO BE PLAINLY AUDIBLE AT A DISTANCE 
OF FIFTY (50) FEET FROM THE DEVICE, BUILD- 
ING, STRUCTURE OR VEHICLE IN WHICH THE 
NOISE IS GENERATED SHALL BE PRIMA FACIE 
EVIDENCE OF A VIOLATION. 

(3) YELLING, SHOUTING, HOOTING, OR WHIST- 
LING OR SINGING AT ANY TIME OR PLACE SO AS 
TO ANNOY OR DISTURB THE QUIET, COMFORT OR 
REPOSE OF PERSONS IN ANY DWELLING, HOTEL 
OR OTHER TYPE OF RESIDENCE OF ANY PERSONS 
IN THE VICINITY. 

(C) A PERMIT FOR A TEMPORARY EXEMPTION 
FROM THE PROVISIONS OF THIS SECTION MAY BE 
ISSUED BY THE DIRECTOR OF FINANCE FOR COM- 
MERCIAL, POLITICAL AND COMMUNITY ACTIVI- 
TIES. EACH APPLICATION FOR SUCH PERMIT 
SHALL BE ADDRESSED TO THE DIRECTOR, AC- 
COMPANIED BY A FEE OF $10.00, AND SHALL SET 
FORTH THE DATE AND THE HOURS BETWEEN 
WHICH SUCH USE IS TO BE MADE, THE NATURE 
OF THE MECHANICAL DEVICE TO BE EMPLOYED 
FOR SUCH PURPOSE AND THE PERSON TO BE IN 
CHARGE OF THE OPERATION THEREOF. 

(D) ANY PERSON VIOLATING ANY PROVISION 
OF THIS SECTION IS GUILTY OF A MISDEMEANOR 
AND UPON CONVICTION THEREOF SHALL BE PUN- 
ISHED BY A FINE OF NOT MORE THAN $25 OR IM- 
PRISONMENT FOR THIRTY DAYS OR BOTH. 

(E) THE PROVISIONS OF THIS SECTION SHALL 
NOT APPLY TO SOUND EQUIPMENT USED 
AT MEMORIAL STADIUM, TO CITY-SPONSORED 
EVENTS IN PUBLIC PARKS, OR TO FEDERAL, 
STATE OR LOCAL GOVERNMENTAL AGENCIES OR 
PUBLIC SERVICE COMPANIES AS DEFINED IN AR- 



ORDINANCES 103 

TICLE 78 OF THE ANNOTATED CODE OF MARY- 
LAND. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THIS ORDINANCE SHALL TAKE EFFECT THIRTY 
DAYS FROM THE DATE OF ITS PASSAGE. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 240 
(Council No. 343) 

AN ORDINANCE concerning 

MARYLAND INSTITUTE SCHOLARSHIPS 

FOR the purpose of authorizing the appointment of part- 
time students; deleting the provision relating to four- 
year appointments; and deleting the March 1 final date 
for submission of the amount of funds needed by the 
Institute for the appointed students. 

BY repealing and reordaining, with amendments 
Article 24 — Schools 
Sections 9 and 11 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of Article 24 of the Balti- 
more City Code (1976 Edition, as amended), title 
^'Schools", subtitle ''Maryland Institute'', be repealed or 
amended to read as follows: 

9. Scholarships. 

(a) Number. Such number of [students shall be in- 
structed] full tuition scholarships in this program i[as] 
shall equal [s] the number of the members of the City 
Council of Baltimore, its President, plus the Mayor of 
Baltimore, and plus the number of fully accredited high 



104 ORDINANCES Ord. No. 240 

schools in Baltimore City. Prior to the first day of Sep- 
tember in every ![fourth] year, each member of the City 
Council of Baltimore and its President and the Mayor of 
Baltimore may each ^appoint one student] apportion one 
full tuition scholarship a'tnong one or more students to the 
Maryland Institute ![,] . [and] Also, the Board of School 
Commissioners may appoint one student from each of the 
accredited high schools in Baltimore City i[,] . [all of whom 
shall be entitled to instruction for four years] Each 
student who receives all or a portion of a full tuition 
scholarship shall he entitled to such scholarship for instruc- 
tion and materials for one academic year (two semesters) in 
the Day School of the Institute, provided [they meet] each 
meets the requirements of the Institute that are required 
of other pupils taking similar courses. 

[(b) Same; Night School, Saturday. Prior to the first 
day of September in any year other than that specified in 
subsection (a), any member of the City Council, its Presi- 
dent, or the Mayor, if he has no appointment for a full 
term, may appoint one pupil to the Maryland Institute, 
who shall be entitled to instruction for four years in the 
Night School, or he may appoint two pupils who shall be 
entitled to instruction for four years in the Saturday 
School; or he may have any combination thereof in the 
same two to one ratio, provided each appointee meets the 
requirements of the Institute for such students.] 

(h) Same. Continuing Studies classes. Each member of 
the City Council, its President and Mayor may, in addi- 
tion to the scholarships provided for in Section 9a, allocate 
three tuition scholarships each year in the Continuing 
Studies division of the Institute to one or more students 
for instruction and materials provided each appointee meets 
the requirements of the Institute for such students. 

(c) Appointment; reappointment. Any appointment pro- 
vided for in this section may he a new appointment or may 
he a reappointment, in the discretion of the appointing 
official. 

[Tcj] (d) Vacancy. In case of a vacancy for any reason 
among any such appointments, the President of the Insti- 
tute promptly shall notify the person entitled to make any 
such appointment, who is then entitled to fill the vacancy 



ORDINANCES 105 

I-l ^2/ dwarding the scholarship to another applicant who 
meets the qualifications of the Institute. 

11. Amount for budget. 

The President of the Institute £ , not later than March 
1,J annually shall submit to the Director of Finance for 
inclusion in the preliminary operating budget of the next 
ensuing fiscal year an amount for tuition to the Institute 
computed from the number of appointments [and the reg- 
ular charges provided for other students taking similar 
courses] pi^ovided for in Section 9. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 241 
(Council No. 387) 

AN ORDINANCE concerning 

REZONING— WASHINGTON BOULEVARD 
URBAN RENEWAL AREA 

FOR the purpose of changing the zoning as follows: 

(1) from the B-2-3 to the B-2-3-P zoning district, as 
outlined in red on the plat accompanying this 
ordinance : 

806 Carroll Street (portion only — formerly known 
as 510, 512, and 514 Scott Street) 

(2) from the R-9 to the B-2-3-P zoning district, as out- 
lined in blue on the plat accompanying this or- 
dinance : 

806 Carroll Street (remaining portion — formerly 
known as: 810, 808, 804, 802 Carroll Street and 
rear of 815 Washington Blvd.) 



106 ORDINANCES Ord. No. 241 

BY amending the Zoning District Maps : 
Sheets 55 and 65 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets 55 and 65 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 
Edition, as amended), titled ''Zoning", be and they are 
hereby amended by changing: 

(1) from the B-2-3 to the B-2-3-P zoning district, as out- 
lined in red on the plat accompanying this ordinance: 

806 Carroll Street (portion only — formerly known as 
510, 512, and 514 Scott Street) 

(2) from the R-9 to the B-2-3-P zoning district, as out- 
lined in blue on the plat accompanying this ordinance : 

806 Carroll Street (remaining portion — formerly 
known as : 810, 808, 804, 802 Carroll Street, and rear 
of 815 Washington Boulevard) 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



ORDINANCES 107 

No. 242 

(Council No. 388) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL 
USE— OFF-STREET PARKING 

FOR the purpose of granting permission for the estab- 
lishment, maintenance and operation of an open off- 
street parking area in a B-2-3-P zoning district of the 
Washington Boulevard Urban Renewal Area, on the 
property known as 806 Carroll St., as outlined in red 
on the plat accompanying this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 6.2-ld and 11.06-d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area in a B-2-3-P zoning district of the 
Washington Blvd. Urban Renewal Area, on the property 
known as 806 Carroll Street, as outlined in red on the plat 
accompanying this ordinance, pursuant to Sections 6.2-ld 
and 11.06-d of Article 30 of the Baltimore City Code (1976 
Edition, as amended), titled "Zoning". 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat. The Director of Finance shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



108 ORDINANCES Ord. No. 243 

No. 243 

(Council No. 411) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOUSING AND 
COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of NOT TO EXCEED 
Fifteen Million Twenty Six Thousand Dollars ($15,026,- 
000) to the Department of Housing and Community 
Development to be used for an industrial expansion 
action project at the General Motors Assembly plant 
located on Holabird Avenue in Southeast Baltimore. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1981 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the said recommendation hav- 
ing been made at a regular meeting of said Board held on 
the 8th day of October, 1980, all in accordance with 
Article VI, Section 2(h) (2) of the Baltimore City Charter 
(1964 Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of NOT TO EXCEED Fifteen 
Million Twenty Six Thousand Dollars ($15,026,000) shall 
be made available to the Department of Housing and Com- 
munity Development of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year 
ending June 30, 1981 for the purpose of providing an 



ORDINANCES 109 

industrial expansion action project at the General Motors 
Assembly plant located on Holabird Avenue in Southeast 
Baltimore. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the U.S. Department of Housing and Urban De- 
velopment in Urban Development Action Grant funds said 
sum being specifically allotted to the Mayor and City Coun- 
cil of Baltimore for the aforesaid purpose; and said funds 
from said U.S. Department of Housing and Urban Devel- 
opment shall be the source of revenue for this supplemen- 
tary special fund appropriation, as required by Article VI, 
Section 2 of the Baltimore City Charter (1964 Revision 
as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 244 
(Council No. 430) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION 

FOR the purpose of consenting to and approving a Petition 
for the Extension of the Metropolitan District of Bal- 
timore County to a tract of land comprising approxi- 
mately 35.54 acres in the Second Election District in the 
vicinity of Deer Park Road and in accordance Avith the 
provisions of Chapter 539 of the Acts of the General 
Assembly of Maryland of 1924, as amended by Chapter 
515 of the Acts of 1955. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Petition for the Extension of the 
Metropolitan District of Baltimore County to a tract of land 



110 ORDINANCES Ord. No. 245 

in the Second Election District of Baltimore County in the 
vicinity of Deer Park Road, more particularly shown on a 
plat filed in the Department of Public Works of Baltimore 
County numbered 79-0002, is in accordance with the au- 
thority granted by Chapter 539 of the Acts of the General 
Assembly of Maryland of 1924, and amended by Chapter 
515 of the Acts of 1955 hereby consented to and approved. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 245 
(Council No. 441) 

AN ORDINANCE concerning 

FRANCHISE— BALTIMORE GAS AND 
ELECTRIC COMPANY VAULT 

FOR the purpose of granting permission and authority to 
Baltimore Gas and Electric Company, a body corporate, 
to maintain and operate a reinforced concrete access 
vault in and under the northwest side of Front Street 
approximately 195 feet southwest of the southwest build- 
ing line of Forrest Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission and authority be and the 
same are hereby granted to the Baltimore Gas and Electric 
Company, a body corporate, its successors and assigns, 
hereinafter referred to as the Grantee, to maintain and 
operate, at its own cost and expense, for a period not ex- 
ceeding 25 years, a reinforced concrete accesis vault, with 
a removable slab; the access vault to be approximately 
8 feet 4 inches wide by 11 feet long and approximately 
13 feet deep (all outside dimensions) ; the center line of 
said access vault shall be located in and under the north- 



ORDINANCES 111 

west side of Front Street adjacent to the northwest build- 
ing line thereof, approximately 195 feet southwest of the 
southwest building line of Forrest Street. 

Sec. 2. And be it further ordained, That the said Gran- 
tee, its successors and assigns, shall pay to the said Mayor 
and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted the sum of $91.63 
per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and 
subject to the increase or decrease of this charge as pro- 
vided in Section 3 herein. 

Sec. 3. And be it further ordained, That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power, at all times, to exercise, in the interest 
of the public, full municipal superintendence, regulation 
and control in respect to all matters connected with this 
grant and not inconsistent with the terms hereof. The 
franchise herein granted shall be held, exercised and en- 
joyed for a period of one year from the effective date of 
this ordinance, with the further right to the Grantee to 
twenty-four (24) consecutive one year renewals of the 
franchise, each such renewal to be for a period of one 
year, upon the same terms and conditions as the original 
one year grant, except as otherwise provided herein. Each 
one year renewal period shall take effect immediately upon 
the expiration of the original or renewal term then in 
force, without any action being taken on behalf of either 
the Mayor and City Council of Baltimore or the Grantee, 
but the total period of time during which the franchise 
shall operate, including the original term and all renewals 
thereof, shall not exceed, in the aggregate twenty-five 
years. Provided, that the Mayor and City Council of Balti- 
more, acting by and through the Board of Estimates, may 
increase or decrease the franchise charge payable by the 
Grantee under the provisions hereof, by giving written 
notice to that effect to the Grantee at least one hundred 
and fifty (150) days prior to the expiration of the original 
one year term granted herein, or any yearly renewal term 
herein granted and then in effect; any such increase or 
decrease of said franchise charge to be operative as to all 
yearly renewal terms herein granted which become effec- 



112 ORDINANCES Ord. No. 245 

tive after any increase or decrease in said franchise charge 
has occurred. Provided, further, that either the Mayor 
and City Council of Baltimore, acting- by and through the 
Director of Public Works, or the Grantee may terminate 
the franchise granted herein, by giving written notice to 
that effect to the other, at least ninety (90) days prior to 
the expiration of the original one year term granted herein 
or any one year term herein granted and then in effect. 

Sec. 4. And he it further ordained, That the said Gran- 
tee, its successors and assigns, shall maintain the vault 
for which the franchise is herein granted in good condi- 
tion throughout the full term of this grant and so long as 
said structure shall exist at the location described herein. 

Sec. 5. And be it further ordained, That non-compliance 
with any of the terms or conditions of the grant hereby 
made by the said Grantee, its successors and assigns, at 
any time or times, shall, at the option of the Mayor and 
City Council of Baltimore, operate as a forfeiture of said 
grant, which shall thereupon be and become void. 

Sec. 6. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges 
hereby granted when, in his judgment, the public interest, 
welfare, safety, or convenience requires such revocation 
and, upon written notice to that effect from the Mayor of 
Baltimore served upon the Grantee hereunder, its succes- 
sors and assigns, all rights under this Ordinance shall cease 
and terminate. 

Sec. 7. And be it further ordained, That in the event of 
any revocation, forfeiture or termination for any reason 
whatsoever of the rights and privileges by this ordinance 
granted, the said Grantee hereunder, its successors and 
assigns, shall, at its or their expense, remove the improve- 
ments to the vault for which the franchise is herein granted 
in a manner satisfactory to the Housing Commissioner, 
Department of Housing and Community Development, and 
the Director of Public Works of Baltimore City; such re- 
moval to be made without any compensation to the Grantee, 
its successors and assigns, and to be completed within such 



ORDINANCES 113 

time as shall be specified in writing by the said Director 
of Public Works. 

Sec. 8. And be it further ordained, That said Grantee, 
its successors and assigns shall pay all expenses, costs and 
abandoned values in connection with the adjustment, aban- 
donment and relocation of any utilities or vault. 

Sec. 9. And be it further ordained, That the said Gran- 
tee, its successors and assigns, shall be liable for and shall 
indemnify and save harmless the Mayor and City Council 
of Baltimore against any and all suits, losses, costs, claims, 
damages or expenses to which the said Mayor and City 
Council of Baltimore City shall, from time to time, be 
subjected on account of, or in any way resulting from : 

A. The presence, construction, use, operation, main- 
tenance, alteration, repair, location, relocation or removal 
of the areaways for which the franchise is herein granted ; 
and 

B. The relocation, abandonment or adjustment of any 
utilities; and 

C. Any failure on the part of said Grantee, its succes- 
sors and assigns, to perf oitq promptly and properly any of 
the duties or obligations imposed upon it or them by the 
terms and provisions of this Ordinance. 

Sec. 10. And be it further ordained, That this ordinance 
shall take effect from December 14, 1980, being the expira- 
tion of Franchise Ordinance 170 of 1955. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



114 ORDINANCES Ord. No. 246 

No. 246 
(Council No. 443) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to certain parcels of land no longer needed 
for public use located at 1915, 1917, 1921 and 1923 N. 
Regester Street and 1904, 1906, 1908 and 1914 Mc- 
Donogh Street. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V, Section 5 (b) of the 
City Charter, all of the interests of the Mayor and City 
Council of Baltimore in and to these parcels of land situate 
in Baltimore, Maryland, and described as follows : 

Address Ward Section Block Lot 

1915 N. Regester Street 
1917 N. Regester Street 
1921 N. Regester Street 
1923 N. Regester Street 
1904 McDonogh Street 
1906 McDonogh Street 
1908 McDonogh Street 
1914 McDonogh Street 

Said properties being no longer needed for public use. 

Sec. 2. And he it further ordained. That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 



8 


2 


4156A 


26 


8 


2 


4156A 


27 


8 


2 


4156A 


29 


8 


2 


4156A 


30 


8 


2 


4156A 


11 


8 


2 


4156A 


12 


8 


2 


4156A 


13 


8 


2 


4156A 


16 



ORDINANCES 115 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 247 
(Council No. 484) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE BONDS— THE BALTIMORE 
MUSEUM OF ART, INCORPORATED 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore (the ''City") to issue, sell and deliver, 
pursuant to Article II, Section 50 of the Charter of 
Baltimore City, 1964 Revision, as amended, its Revenue 
Bonds, designated ''Baltimore City, Maryland Museum 
Revenue Bonds (the Baltimore Museum of Art Project) , 
1981 Series" in the aggregate principal amount not to 
exceed ?2,500,000 (the "Bonds"), in order to loan the 
proceeds thereof (the "Loan") to The Baltimore Muse- 
um of Art, IncorjK) rated (the "Borrower") for the sole 
and exclusive purpose of financing in part the expansion, 
renovation and improvement of certain facilities owned 
and to be owned by the City and to be used by the bor- 
rower for the purposes of maintaining a public museum 
of art in Baltimore City (the "Project") ; making cer- 
tain legislative findings as to the pui'pose of the bonds; 
providing that the bonds shall be payable solely from 
certain contributions and pledges of contributions to the 
Borrower for the Project not otherwise resti^icted, 
shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the 
taxing power of the City and shall not constitute a debt 
of the City within the meaning of Section 7 of Article 
XI of the Constitution of Maryland or of any other 
constitutional, statutory or charter provision limiting or 
restricting the sale of bonds, notes or other obligations 



116 ORDINANCES Ord. No. 247 

of the City; authorizing the private (negotiated) sale 
of the bonds ; authorizing and empowering the Board of 
Finance of the City by resolution to: (1) determine and 
set forth the form, tenor, terms and conditions of the 
bonds; (2) prescribe the aggregate principal amount of 
the bonds (provided that said amount shall not exceed 
$2,500,000), rate or rates of interest the bonds are to 
bear, denominations, maturity or maturities, method of 
calculating interest, place or payment, interest and prin- 
cipal installment due dates, the terms and conditions and 
details of redemption of the bonds prior to their stated 
maturity and the rights and remedies of the bondholders; 
(3) determine the time and manner of execution, is- 
suance, sale and delivery and prescribe any and all 
other details of, and matters relating to, the bonds and 
the sale and issuance thereof; (4) approve the form and 
contents of a loan agreement between the Borrower and 
the City, an assignment between the City and the holders 
of the bonds and such other documents and instruments 
as it deems necessary, appropriate or expedient in con- 
nection with the issuance, sale and delivery of the bonds 
and the making of the Loan and authorize the execu- 
tion and delivery thereof in substantially the form so 
approved; (5) provide for the issuance and sale (sub- 
ject to the passage at the time of an appropriate ordi- 
nance authorizing the same) of one or more series of 
additional bonds and one or more series of refunding 
bonds; (6) provide for the payment, directly by the 
Borrower or out of the proceeds of the bonds, of all 
fees, costs and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery 
of the bonds; and (7) do any and all things, and au- 
thorize the proper officers of the City to do any and all 
things, necessary, appropriate or expedient in connection 
with the issuance, sale and delivery of the bonds; and 
generally providing for and determining various matters 
in connection with the authorization, issuance, security, 
sale and payment of the bonds. 

RECITALS 

Section 50 — Revenue Bonds and Obligations — of Ar- 
ticle II of the Charter of Baltimore City, 1964 Revision, 



ORDINANCES 117 

as amended, (the ''Enabling Law") authorizes and em- 
powers the Mayor and City Council of Baltimore (the 
''City") to borrow money to finance any of the purposes, 
objects and powers of the City and in connection there- 
with to issue bonds, notes or other obligations payable as 
to both principal and interest solely from and secured 
solely by a pledge, inter alia, of the revenues from or 
arising in connection with the property, facilities, de- 
velopments and improvements whose financing is under- 
taken by issuance of those bonds, notes or other obliga- 
tions. The Enabling Law provides that such bonds, 
notes or other obligations shall not be general obliga- 
tions of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City and 
shall not constitute a debt of the City within the meaning 
of Section 7 of Article XI of the Constitution of Mary- 
land or of any other constitutional, statutory or charter 
provision limiting or restricting the sale or issuance of 
bonds, notes or other obligations of the City. 

The Baltimore Museum of Art, Incorporated (the 
"Borrower") is presently undertaking the expansion, 
renovation and improvement of the facilities located on 
or near the west side of North Charles Street in Wyman 
Park owned and to be owned by the City and leased to 
the Borrower for purposes of maintaining a public 
museum of art. This expansion, renovation and improve- 
ment of said facilities (the "Project") is being financed 
in part by contributions to the Borrower for such pur- 
poses. 

The City has determined to assist in the financing of 
the Project by issuing its revenue bonds, to be desig- 
nated "Baltimore City, Maryland Museum Revenue 
Bonds (The Baltimore Museum of Art Project), 1981 
Series" in the aggregate principal amount of $2,500,000 
(the "Bonds") and loaning the proceeds of the Bonds to 
the Borrower upon the terms and conditions of a Loan 
Agreement to be entered into between the City and the 
Borrower (the "Loan Agreement") (such loan being 
herein referred to as the "Loan".) 

The Loan Agreement will require the Borrower: (1) 
to use the proceeds of the Bonds solely to finance the 



118 ORDINANCES Ord. No. 247 

Project and (2) to make Loan repayments which will 
be sufficient to enable the City to repay the principal of 
and interest and premium, if any, on the Bonds when 
and as the same shall become due and payable. 

As security for the Loan, the Borrower will assign to 
the City all its right, title and interest in and to, and 
remedies under, any and all pledges of contributions to 
the Borrower for the Project not restricted to purposes 
other than financing the Project and any and all con- 
tributions to the Borrower for the Project not restricted 
to purposes other than financing the Project received 
by the Borrower on and after the date the Loan is made. 
The Loan shall be without recourse as to the Borrower 
and shall be payable solely from the contributions and 
pledges of contributions assigned to the City pursuant 
to the Loan Agreement. 

As security for the Bonds, the City will enter into an 
Assignment with the holders of the Bonds (the "Assign- 
ment"), pursuant to which the City will assign to the 
holders of the Bonds : (a) the contributions and pledges 
of contributions assigned by the Borrower to the City 
pursuant to the Loan Agreement; (b) the receipts and 
revenues of the City from the Loan; and (c) all of the 
City's right, title and interest in and to, and remedies 
under, the Loan Agreement, including (without limita- 
tion) any and all collateral referred to therein. 

The Board of Finance of the City (the ''Board of Fi- 
nance") shall be authorized and empowered to determine 
and set forth by resolution all matters relating to the 
Bonds, including (without limitation) the rate or rates 
of interest the Bonds are to bear, the aggregate prin- 
cipal amount of the Bonds (provided that said amount 
shall not exceed $2,500,000), the form, terms and condi- 
tions, time or times of issuance and any and all other 
details of the Bonds and to approve the form and con- 
tents of the Loan Agreement, the Assignment and any 
and all other documents the Board of Finance shall 
deem necessary or proper to be executed and delivered in 
connection with the issuance and sale of the Bonds and 
the making of the Loan. 



ORDINANCES 119 

The Bonds will be sold at private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursuant to the Enabling Law, 
it is hereby found and determined that the issuance and 
isale of the Bonds by the City pursuant to the Enabling 
Law in order to lend the proceeds thereof to the Borrower 
for the sole and exclusive purpose of financing the Project 
by the Borrower is for the accomplishment of the lawful 
purposes, objects and powers of the City. 

Sec. 2. And he it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver 
its Baltimore City, Maryland Museum Revenue Bonds 
(The Baltimore Museum of Art Project), 1981 Series, in 
the aggregate principal amount not to exceed $2,500,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be loaned to the Borrower pursuant to 
the terms and provisions of the Loan Agreement, to be 
used by the Borrower for the sole and exclusive purpose of 
financing the Project. 

Sec. 3. And he it further ordained, That the Bonds shall 
be payable, as to both principal and interest, solely from 
pledges of contributions to the Borrower for the Project 
not otherwise restricted and from contributions to the 
Borrower for the Project not otherwise restricted and re- 
ceived by the Borrower on and after the date the Loan is 
made. The Bonds shall not be general obligations of the 
City and shall not be a pledge of or involve the faith and 
credit or the taxing power of the City and shall not consti- 
tute a debt of the City all within the meaning of Section 7 
of Article XI of the Constitution of Maryland or within 
the meaning of any other constitutional, statutory or 
charter provision limiting or restricting the sale or is- 
suance of bonds, notes or other obligations of the City. 
The security for the Bonds shall be solely and exclusively 
the assignment by the Borrower to the City of contribu- 
tions and pledges of contributions to the Borrower for the 
Project pursuant to the Loan Agreement, the receipts and 



120 ORDINANCES Ord. No. 247 

revenues of the City from the Loan and all of the City's 
right, title and interest in and to, and remedies under, the 
Loan Agreement, including (without limitation) any and 
all collateral referred to therein. 

Sec. 4. And be it further ordained, That, prior to the 
issuance, sale and delivery of the Bonds, the Board of Fi- 
nance shall adopt a resolution or resolutions (the ''Resolu- 
tion'') pursuant to which the Board of Finance shall: 

(a) determine and set forth the form, tenor, terms and 
conditions of the Bonds ; 

(b) prescribe the aggregate principal amount of the 
Bonds (provided that said amount shall not exceed 
$2,500,000) , rate or rates of interest the Bonds are to bear, 
denominations, interest and principal installment due 
dates, maturity or maturities, the method of calculating 
interest, the place of payment, the terms and conditions 
and details of redemption of the Bonds prior to their stated 
maturity and the rights and remedies of the holders of 
the Bonds; 

(c) determine the time and manner of execution, is- 
suance, sale and delivery of the Bonds and prescribe any 
and all other details of, and matters relating to, the Bonds 
and the sale and issuance thereof; 

(d) approve the form and contents, and authorize the 
execution and delivery by the proper officers of the City 
in the name and on behalf of the City in substantially the 
form approved thereby, of the Assignment, the Loan 
Agreement and such other documents and instruments as 
the Board of Finance shall deem necessary, appropriate 
or expedient in connection with the issuance, security, sale 
and delivery of the Bonds and the making of the Loan; 

(e) provide for the issuance and sale (subject to the 
passage at the time of an appropriate ordinance author- 
izing the isame) of one or more series of additional bonds 
and one or more series of refunding bonds; 

(f) provide for the payment, directly by the Borrower 
or out of the proceeds of the Bonds, of all costs, fees and 
expenses incurred by or on behalf of the City in connec- 



ORDINANCES 121 

tion with the issuance, sale and delivery of the Bonds, in- 
cluding (without limitation) costs of preparing* and is- 
suing the Bonds, legal expenses and compensation to any 
person (other than full-time employees of the City) per- 
forming sei-vices by or on behalf of the City in connection 
therewith; 

(g) do any and all things, and authorize the proper 
officers of the City to do any and all things, including 
(without limitation) to execute and deliver any and all 
supporting documents and certificates, necessary, appro- 
priate or expedient in connection with the issuance, sale 
and delivery of the Bonds. 

Sec. 5. And he it further ordained, That the Bonds shall 
be sold at private (negotiated) sale upon such terms as 
shall be approved by the Board of Finance in the Resolution. 

Sec. 6. And be it further ordained, That if all the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided 
however, that the Board of Finance may, after a showing 
of good cause at a public hearing held before the Board 
of Finance, extend such authorization for one additional 
term not to exceed six months. The Board of Finance, in 
its sole discretion, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested ex- 
tension of this Ordinance. If an extension is granted, 
notice of such extension and the reasons therefor must 
be sent to the City Council. 

Sec. 7. And be it further ordained, That the provisions 
of this Ordinance are severable and, if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity, unconstitution- 
ality or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 



122 ORDINANCES Ord. No. 248 

illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance 
or any part hereof is inapplicable had been specifically 
exempted herefrom. 

Sec. 8. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 248 
(Council No. 494) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
BOARD OF ESTIMATES 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Nine Hundred 
Thousand Dollars ($900,000) to the Board of Estimates 
to be used for additional expenses resulting from judge- 
ments and suits which could not reasonably be antici- 
pated at the time of formulation of the proposed fiscal 
1981 Ordinance of Estimates. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents rev- 
enue produced by Earnings on Investments in excess of the 
revenue estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the fiscal year 1981 and is therefor available 
for appropriation to the Board of Estimates pursuant to 
the provisions of Article VI, Section 2(h) (3) of the 1964 
revised Charter of Baltimore City ; and 



ORDINANCES 123 

Whereas, the additional sum here appropriated is for a 
program included in the current Ordinance of Estimates 
and said sum is made necessary by a material change in 
circumstances since the formulation and adoption of such 
ordinance, in accordance wdth Article VI, Section 2(h) (3) 
of said Charter ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
14th day of January, 1981, all in accordance wath Article 
VI, Section 2(h) (3)" of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City as amended, the sum of Nine Hundred Thousand Dol- 
lars ($900,000) shall be made available to the Board of 
Estimates as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1981, for the purpose 
of additional expenses resulting from judgements and suits 
which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1981 Ordinance of Esti- 
mates. The amount thus made available as a supplemen- 
tary^ general fund appropriation shall be expended from 
revenue derived from Earnings on Investments in excess 
of the amount from this source which was estimated and 
relied upon by the Board of Estimates in detennining the 
tax levy required to balance the budget for the 1981 fiscal 
year; and said funds shall be the source of revenue for 
this supplementary general fund appropriation, as required 
by Article VI, Section 2 of the Baltimore City Charter 
(1964 Revision as amended). 

Sec. 2. And he it fiirtker ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



124 ORDINANCES Ord. No. 249 

No. 249 
(Council No. 379) 

AN ORDINANCE concerning 

URBAN RENEWAL— ORCHARD-BIDDLE— 
AMENDMENT NO. 8 

FOR the purpose of amending the Urban Renewal Plan 
for the Orchard-Biddle Urban Renewal Project to, 
among other things, (1) revise the boundary of the 
project area to include the blocks bounded by Biddle, 
Howard, Madison, and Eutaw Streets; (2) delete from 
acquisition certain properties previously authorized to 
be acquired under Ordinance No. 360, approved June 8, 
1973; (3) authorize the acquisition of certain properties 
by the Mayor and City Council of Baltimore; (4) 
modify the lot lines, indicate utility easements, and re- 
vise, add or delete standards and controls for certain 
existing development parcels; (5) create new develop- 
ment parcels and provide corresponding standards and 
controls; (6) make certain land use changes and/or 
establish new land use categories, and revise the lan- 
guage in the Plan regarding permitted uses; (7) rec- 
ommend zoning district changes and provide that the 
approval of Amendment No. 8 shall not be construed as 
an enactment of said amendments to the Zoning Ordi- 
nance of Baltimore City as are proposed; (8) prohibit 
sandblasting as a means of cleaning masonry facades on 
all properties in Orchard-Biddle and provide a penalty 
for violation of this provision; (9) revise the provisions 
regarding compliance with the Rehabilitation Standards, 
as previously set forth in Ordinance No. 686 dated 
March 27, 1978, and provide a penalty for violation of 
these provisions; (10) revise certain Appendices and 
Exhibits attached to the Urban Renewal Plan to reflect 
changes being proposed in Amendment No. 8; (11) 
waive such requirements,, if any, as to content or pro- 
cedure for the preparation, adoption and approval of 
renewal plans as set forth in Article 13 of the Baltimore 
City Code (1976 Edition, as amended) which the Urban 
Renewal Plan for Orchard-Biddle may not meet; (12) 
provide for the separability of the various parts and 



ORDINANCES 125 

applications of this ordinance; (13) provide that where 
the provisions of this ordinance shall conflict with any 
other ordinance, code or regulation in force in the City 
of Baltimore, the provision which establishes the higher 
standard shall prevail; and (14) provide for an effective 
date hereof. 

Whereas, an Urban Renewal Plan for the Orchard- 
Biddle project was first approved by the Mayor and City 
Council of Baltimore by Ordinance No. 1066 dated May 
17, 1971, and last amended by Ordinance No. 686 dated 
March 17, 1978 ; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change 
or changes shall be made in any renewal plan, after ap- 
proval by ordinance, mthout such change or changes first 
being adopted and approved in the same manner as set 
forth in said Article 13 for the approval of a renewal 
plan, namely the preparation of such change or changes 
by the Department of Housing and Community Develop- 
ment, the approval of such change or changes by the 
Director of the Department of Planning, and approval and 
adoption by an ordinance of the Mayor and City Council of 
Baltimore after a public hearing in relation thereto, all in 
the manner set forth in said Article 13 ; and 

Whereas, extensive changes in the Urban Renewal Plan 
make it infeasible to make line-by-line changes; therefore, 
the Department of Housing and Community Development 
has prepared an amended Urban Renewal Plan for Or- 
chard-Biddle ; and 

Whereas, said amended Urban Renewal Plan for Or- 
chard-Biddle has been approved by the Director of the 
Department of Planning with respect to its conformity as 
to the Master Plan, the detailed location of any public 
improvements proposed in the amended Renewal Plan, its 
conformity to the rules and regulations for subdivision, 
and all zoning changes proposed in the amended Renewal 
Plan; and said amended Renewal Plan has been approved 
and recommended to the Mayor and City Council of Balti- 
more by the Commissioner of the Department of Housing 
and Community Development; now, therefore, 



126 ORDINANCES Ord. No. 249 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Urban Renewal Plan for 
Orchard-Biddle, identified as "Urban Renewal Plan, Or- 
chard-Biddle Urban Renewal Project . . . revised to include 
Amendment No. 8, dated June 18, 1980t AND REVISED 
DECEMBER 17, 1980,'' is hereby approved and the Clerk 
of the City Council is hereby directed to file a copy of said 
amended Urban Renewal Plan with the Department of 
Legislative Reference as a permanent public record and 
make the same available for public inspection and in- 
formation. 

Sec. 2. And he it further ordained, That the boundaries 
of the Orchard-Biddle Urban Renewal Project shall be re- 
vised to include the blocks bounded by Biddle, Howard, 
Madison, and Eutaw Streets; therefore, Section 2 of Ordi- 
nance No. 846, approved April 7, 1975, is hereby amended 
to read as follows: 

Beginning for the same at the intersection -(Ifof the south- 
east side of West Biddle Street and the east side of North 
Eutaw Street;-^] formed by the extension of the southwest 
side of Argyle Avenue and the southeast side of West 
Biddle Street; thence binding on the southeast side of West 
Biddle Street northeasterly to intersect the west side of 
Howard Street; thence running southeasterly to intersect 
the centerline of Hotvard Street and an extended straight 
line of the north side of Read Street; thence binding on 
the centerline of Howard Street southerly to intersect the 
south side of West Madison Street; thence binding on the 
south side of West Madison Street westerly to intersect the 
east side of North Eutaw Street; thence binding on the 
east side of North Eutaw Street southerly to intersect the 
south side of Franklin Street; thence binding on the south 
side of Franklin Street westerly to intersect the east side 
of Paca Street; thence binding on the east side of Paca 
Street southerly to intersect the south side of West Sara- 
toga Street; thence binding on the south side of West 
Saratoga Street westerly to intersect the east side of North 
Greene Street; thence binding on the east side of North 
Greene Street southerly to intersect the centerline of West 
Fayette Street; thence binding on the centerline of West 
Fayette Street westerly to intersect the extended west side 



ORDINANCES 127 

of Pearl Street; thence binding on the extended west side 
and the west side of Pearl Street northerly to intersect 
the north side of the parcel kno\\Ti as 132 Pearl Street; 
thence binding on the north side of the parcel known as 
132 Pearl Street westerly to intersect the west side of a 
parcel known as 619 West Lexington Street; thence bind- 
ing on the west side of the parcel known as 619 West 
Lexington Street northerly to intersect the north side of 
a 3-foot alley which lies 52 feet from the south side of 
West Lexington Street; thence binding on the north side 
of said 3-foot alley westerly to intersect the west side of 
North Arch Street; thence binding on the west side of 
North Arch Street southerly to intersect the north side of 
West Vine Street ; thence binding on the north side of West 
Vine Street westerly to intersect the west side of North 
Pine Street; thence binding on the west side of North 
Pine Street southerly to intersect the south side of West 
Baltimore Street; thence binding on the south side of West 
Baltimore Street westerly to intersect the west side of the 
■(J[proposed->-] Harbor City Boulevard right-of-way line; 
thence binding on the west side of the -(J^proposed)-] Harbor 
City Boulevard right-of-way line northeasterly and north- 
erly to intersect the north side of West Fayette Street; 
thence binding on the north side of West Fayette Street 
easterly to intersect a line foiTned by extending the west 
side of Myrtle Avenue south of West Lexington Street; 
thence binding on the line formed by extending the west 
side of Myrtle Avenue and the west side of M^i'tle Avenue 
northerly to intersect the north side of George Street; 
thence binding on the north side of George Street easterly 
to intersect the northwest side of West Biddle Street; 
thence binding on the northwest side of West Biddle Street 
northeasterly to intersect the southwest side of Argyle 
Avenue; thence binding on the extension of the southwest 
side of Argyle Avenue southeasterly -(jfto intersect the 
southeast side of West Biddle Street; thence binding on 
the southeast side of West Biddle Street northeasterly^] to 
the point of beginning. 

Sec. 3. And be it further ordained, That it is necessary 
to delete the following from the list of properties previ- 
ously authorized to be acquired under Ordinance No. 360, 
approved June 8, 1973 : 



128 ORDINANCES Ord. No. 249 

315 Diamond Street 

317 Diamond Street 

^OS West Mulborr}^ Stroot 
^0^ West Mulborr}^ Stroot 

314 North Paca Street 

316 North Paca Street 

318 North Paca Street 
320 North Paca Street 
322 North Paca Street 
324 North Paca Street 
326 North Paca Street 
328 North Paca Street 

Sec. 4. And he it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to certain properties or portions thereof, 
together with all right, title, interest and estate that the 
owner or owners of said property interests may have in all 
streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows : 

516-522 Druid Hill Avenue 
702 Druid Hill Avenue 

506-510 North Eutaw Street 
602 North Eutaw Street 
840 North Eutaw Street 
842 North Eutaw Street 
g47 North Eutaw Stroot 

410-412 West Franklin Street 

406 N. George Street 
408 N. George Street 

202 N. GREENE STREET 
204 N. GREENE STREET 
206-10 N. GREENE STREET 
212 N. GREENE STREET 
214 N. GREENE STREET 
216 N. GREENE STREET 



ORDINANCES 129 



218-20 N. GREENE STREET 
222 N. GREENE STREET 
224 N. GREENE STREET 
226 N. GREENE STREET 

511 Jasper Street 

604 W. LEXINGTON STREET 
616 W. LEXINGTON STREET 

437 Orchard Street 

439 Orchard Street 

441 Orchard Street 

443 Orchard Street 

445 Orchard Street 

447 Orchard Street 

513 Orchard Street 

515 Orchard Street 

517 Orchard Street 

519 Orchard Street 

521 Orchard Street 

523 Orchard Street 

525 Orchard Street 
527 Orchard Street 
529 Orchard Street 
531 Orchard Street 

635 N. Paca Street 

211 PEARL STREET 
223-25 PEARL STREET 
227-29 PEARL STREET 
231 PEARL STREET 
233 PEARL STREET 
235 PEARL STREET 
237 PEARL STREET 
239 PEARL STREET 

514 St. Mary Street 

516 St. Mary Street 

518 St. Mary Street 

520 St. Mary Street 

522 St. Mary Street 

524 St. Mary Street 

526 St. Mary Street 



130 ORDINANCES Ord. No. 249 

528 St. Mary Street 
534 St. Mary Street 
538 ST. MARY STREET 

Seer ^ And be U further ordained^ That it is nec e ssary 
to acquire^ by purchaso o^ fey condemnation, ^te urban 
r e newal purposes^ tbe lee simple interest op a»y less e r 
interest m a^ to oi4y ^^ structure standing o» ^he £oi- 
lowing prop e rty aa4 described as follows: 

o»« billboard located at tke ^ea^ of 
701 Druid iiiti Avenue 

Sec. 4 5. AncZ &e i^ further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are au- 
thorized to acquire on behalf of the Mayor and City Coun- 
cil of Baltimore and for the purposes described in this 
ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates in the exer- 
cise of the power vested in it by Article V, Section 5, of 
the Baltimore City Charter may hereafter from time to 
time designate, is or are unable to agree with the owner 
or owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemna- 
tion the fee simple interest or any lesser interest in and 
to said properties or portions thereof. 

Sec. 7 6. And be it further ordained, That the boundaries 
of certain existing development parcels shall be modified, 
new development parcels shall be created, and utility ease- 
ments shall be designated, all as shown in the amended 
Urban Renewal Plan on Exhibit 3, Land Disposition Map, 
dated as revised June 18, 1980t AND FURTHER RE- 
VISED DECEMBER 17, 1980. 



ORDINANCES 131 

Sec. § 7. And be it further ordained, That the revised 
standards and controls for cei-tain existing disposition par- 
cels and the added standards and controls for newly cre- 
ated disposition parcels, as contained in the amended Urban 
Renewal Plan under Section B.2.a., Provisions Applicable 
to Land to be Acquired, DATED AS REVISED JUNE 18, 
1980 AND FURTHER REVISED DECEMBER 4, 1980, 
are hereby approved. 

Sec. d 8. And be it further ordained, That the proposed 
land use changes shown in the amended Urban Renewal 
Plan on Exhibit 1, General Land Use Plan Map, dated as 
revised February 6, 1980, AND FURTHER REVISED 
DECEMBER 17, 1980, and the language in the Urban 
Renewal Plan under Section B.I., Permitted Uses, are 
hereby approved. 

Sec. iO 9. And be it further ordained, That the approval 
of Amendment No. 8 to the Urban Renewal Plan for 
Orchard-Biddle shall not be construed as an enactment of 
the amendments to the Zoning Ordinance of Baltimore 
City that are proposed in said Amendment No. 8, as shown 
in the amended Urban Renewal Plan on Exhibit 5, Zoning 
Districts Map, dated as revised February 6, 1980t AND 
FURTHER REVISED DECEMBER 4, 1980. 

Sec. i4 10. And be it further ordained, That the cleaning 
of masonry facades on all properties in the Orchard-Biddle 
area by means of sandblasting shall not be permitted. 

Sec. 42 11. And be it further ordained, That the compli- 
ance provisions set forth in the amended Urban Renewal 
Plan under Appendix A, Property Rehabilitation Standards, 
shall be revised. Therefore, Ordinance No. 686, approved 
March 27, 1978, under Section 4 on page 14, item (12), 
Compliance, is hereby amended to read as follows: 

(12) Compliance 

No alteration or improvement work shall be undertaken 
4[after enactment)- of the ordinance approving Amend- 
ment No. 7 to the Plan^] which does not conform with the 
requirements herein. However, the Commissioner of the De- 



132 ORDINANCES Ord. No. 249 

partment of Housing and Community Development may 
waive compliance with one or more of these standards if 
the proposed improvements do not adversely affect the 
Property Rehabilitation Objectives for the Orchard-Biddle 
area. 

Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use or any other 
matter otherwise forbidden or restricted or controlled by 
any other public law. 

The work necessary to meet the requirements herein 
shall be undertaken within two years from the date of 
enactment of the ordinance approving Amendment No. 7 
to the Plan -(-[and shall be completed promptly in accord- 
ance with^] unless extended by the Commissioner of the 
Department of Housing and Community Development, 
Thereafter, all tvork shall be completed in accordance with 
the date of completion set forth in the notice from the 
Commissioner of the Department of Housing and Commu- 
nity Development. 

Sec. iS 12. And be it further ordained, That any person 
guilty of violating the provisions contained in Sections il 10 
or 4:2 11 of this Ordinance shall be guilty of a misdemeanor 
and shall be subject to a fine not exceeding One Hundred 
Dollars ($100.00), and that each day's violation shall con- 
stitute a separate offense. 

Sec. 44 13. And be it further ordained. That Appendices 
C and D of the amended Urban Renewal Plan shall be de- 
leted and that the following revised Appendices and Ex- 
hibits are hereby approved: Appendix A, Property Re- 
habilitation Standards (dated Revised 6/18/80) ; Appendix 
B, Properties for Acquisition and Disposition for Residen- 
tial Rehabilitation (dated Revised 6/18/80-)- AND FUR- 
THER REVISED 12/17/80) ; Exhibit 1, General Land Use 
Plan Map (dated Revised 2/6/80^ AND FURTHER RE- 
VISED 12/17/80) ; Exhibit 2, Property Acquisition Map 
(dated Revised 6/18/80^ AND FURTHER REVISED 12/ 
17/80) ; Exhibit 3, Land Disposition Map (dated Revised 
6/18/80^ AND FURTHER REVISED 12/17/80) ; and Ex- 
hibit 5, Zoning Districts Map (dated Revised 2/6/80^ AND 
FURTHER REVISED 12/4/80). 



ORDINANCES 133 

Sec. ^ 14. And be it further ordained, That in whatever 
respect, if any, the said amended Renewal Plan approved 
hereby may not meet the requirements as to the content 
of a renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore City Code (1976 Edition, as 
amended), the said requirements are hereby waived and 
the amended Renewal Plan approved hereby is exempted 
therefrom. 



Sec. i^ 15. And he it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordi- 
nance, or the application thereof to any person or circum- 
stances is invalid, the remaining provisions and the appli- 
cation of such provisions to other persons or circumstances 
shall not be affected thereby, the Mayor and City Council 
hereby declaring that they would have ordained the re- 
maining provisions of this ordinance without the word, 
phrase, clause, sentence, paragraph, section or part, or the 
application thereof so held invalid. 



Sec. ^ 16. And be it further ordained. That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that it IF such provisions are found to 
be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall 
prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the 
extent that it may be found in conflict with this ordinance. 



134 ORDINANCES Ord. No. 250 

Sec. iS 17. And be it further ordai/ned, That this ordi- 
nance shall take effect from the date of its passage. 

Approved March 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 250 
(Council No. 458) 

AN ORDINANCE concerning 

CITY STREET— OPENING CERTAIN STREETS 

AND ALLEYS OR PORTIONS THEREOF IN THE 

UPTON URBAN RENEWAL PROJECT 

FOR the purpose of condemning and opening certain 
streets and alleys or portions thereof lying within the 
area of the Upton Urban Renewal Project in accordance 
with a plat thereof numbered 312-A-8, prepared by the 
Surveys and Records Division and filed in the Office of 
the Department of Public Works, on the Fourteenth 
(14th) day of November, 1980. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections — 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
open certain streets and alleys or portions thereof lying 
within the area of the Upton Urban Renewal Project the 
streets and alleys hereby directed to be condemned for said 
opening being described as follows : 

Sheet 1 of 1 comprising Brunt Street, Wilsons Court and 
a 3.5 foot alley said streets and alley are numbered from 
one to three on said sheet and described as follows : 

1 — Brunt Street, 20 feet wide, and extending from a 
point distant 70 feet northwesterly from the northwest 



ORDINANCES 135 

side of McMechen Street, Northwesterly 179 feet, more or 
less, to a northwest outline of Lot 36 of the Upton Urban 
Renewal Project and designated as Parcel No. 1. 

2_Wilsons Court, 10.42 feet wide, laid out 95.92 feet 
southeast of the southeast side of Wilson Street and ex- 
tending from the northeast outline of the property known 
as No. 1631 Brunt Street, Northeasterly 11 feet, more or 
less, to a northeast outline of Lot 36 of the Upton Urban 
Renewal Project and designated as Parcel No. 2. 

3 — An alley 3.5 feet wide, laid out in the rears of the 
properties known as No.'s 1623 through and including 1629 
Brunt Street and extending from Wilsons Court, South- 
easterly 49 feet, more or less, to the end thereof and desig- 
nated as Parcel No. 3. 

the said streets and alley as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 312-A-8 which was 
filed in the Office of the Department of Public Works on 
the Fourteenth (14th) day of November, in the year 1980, 
and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said streets and alley and 
the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accord- 
ance with, any and all applicable provisions of Article 4 
of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended 
to July 1, 1973 and any and all amendments thereto, and 
any and all other Acts of the General Assembly of Mary- 
land, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of Public 
Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



136 ORDINANCES Ord. No. 251 

No. 251 
(Council No. 459) 

AN ORDINANCE concerning 

CITY STREET— CLOSING CERTAIN STREETS 

AND ALLEYS OR PORTIONS THEREOF IN THE 

UPTON URBAN RENEWAL PROJECT 

FOR the purpose of condemning and closing certain streets 
and alleys or portions thereof lying within the area of the 
Upton Urban Renewal Project in accordance with a plat 
thereof numbered 312-A-8A, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Public Works, on the Fourteenth (14th) 
day of November, 1980. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close certain streets and alleys or portions thereof 
lying within the area of the Upton Urban Renewal Project 
the streets and alleys hereby directed to be condemned for 
said closing being described as follows : 

Sheet 1 of 1 comprising Brunt Street, Wilsons Court and 
a 3.5 foot alley said streets and alley are numbered from 
one to three on said sheet and described as follows: 

1 — Brunt Street, 20 feet wide, and extending from a 
point distant 70 feet northwesterly from the northwest 
side of McMechen Street, Northwesterly 179 feet, more or 
less, to a northwest outline of Lot 36 of the Upton Urban 
Renewal Project and designated as Parcel No. 1. 

2— Wilsons Court, 10.42 feet wide, laid out 95.92 feet 
southeast of the southeast side of Wilson Street and ex- 



ORDINANCES 137 

tending from the northeast outline of the property known 
as No. 1631 Brunt Street, Northeasterly 11 feet, more or 
less, to a northeast outline of Lot 36 of the Upton Urban 
Renewal Project and designated as Parcel No. 2. 

3 — An alley 3.5 feet wide, laid out in the rears of the 
properties known as No.'s 1623 through and including 1629 
Brunt Street and extending from Wilsons Court, South- 
easterly 49 feet, more or less, to the end thereof and desig- 
nated as Parcel No. 3. 

the said streets and alley as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 312-A-8A which 
was filed in the Office of the Department of Public Works 
on the Fourteenth (14th) day of November, in the year 
1980, and is now on file in said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances now owTied by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or inter- 
fere therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor 
and City Council of Baltimore, and shall in the application 
for such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 



138 ORDINANCES Ord. No. 251 

have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of the 
person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to 
be ''structures'* within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said o vomers. 



Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appur- 
tenances, and this without permission from or compensa- 
tion to the owner or owners of said land. 



Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said streets and alley and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maryland, and any and 
all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 



ORDINANCES 139 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 252 

(Council No. 479) 

AN ORDINANCE concerning 

FRANCHISE— SUPERMARKETS GENERAL 
CORPORATION 

FOR the purpose of setting the annual franchise fee for 
two bridgeways, a tunnel and coal vault over and under 
Kimmel Alley between Clay and Lexington Streets. 

BY amending 

Ordinance 195, approved December 5, 1980 
Section 2 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 2 of Ordinance 195, approved 
December 5, 1980, is hereby amended to read as follows: 

Sec. 2. And be it further ordained, That the said gran- 
tee, its successors and assigns, shall pay to the said Mayor 
and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted the sum of Two Thou- 
sand Fourteen Dollars and Twenty-one Cents ($2,01^.21) 
per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and 
subject to the increase or decrease of this charge as pro- 
vided in Section 3 hereof. 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect on the date of its passage. 

Approved March 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



140 ORDINANCES Ord. No. 253 

No. 253 
(Council No. 517) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 
BONDS— (PICORP PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$1,000,000, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclusive 
purpose of financing the costs of the completion by Picorp 
Baltimore Realty Development Company, a New York 
general partnership, of a certain project in Baltimore 
City consisting of the construction of certain improve- 
ments on the real property already owned by such part- 
nership and located at 6500-6502 East Lombard Street 
in Baltimore City, and the purchase and installation 
of certain machinery and equipment therein, to be owned 
by Picorp Baltimore Realty Development Company and 
leased to Picorp, Inc., Baltimore, a Delaware corpora- 
tion, for use as a container chassis repair and storage 
depot; authorizing the Mayor of the City, on behalf of 
the City, to accept the letter of intent dated January 9, 
1981 ; making certain legislative findings ; authorizing 
and empowering the Board of Finance of the City, by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any series of such bonds, to (a) 
prescribe, among other things but not limited to, the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of such bonds, and (b) do any and 
all things necessary, proper or expedient in connection 
with the issuance and sale of such bonds; providing 
that Picorp Baltimore Realty Development Company 
shall agree to submit any plans and specifications to. 



ORDINANCES 141 

and to coordinate with, the Department of Housing and 
Community Development in connection with the com- 
pletion of such project; providing that such bonds must 
be issued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six month extension as pro- 
vided in this Ordinance; and generally providing for 
and determining various matters and details in connec- 
tion with the issuance and sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of 
Baltimore City (1964 Revision), as amended (the "En- 
abling Law"), empowers Mayor and City Council of 
Baltimore (the *'City") to borrow money to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations 
(including refunding bonds, notes or other obligations), 
all of which shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely 
by a pledge of (I) the revenues from or arising in con- 
nection with the property, facilities, developments and 
improvements whose financing is undertaken by the issu- 
ance of such bonds, notes or other obligations, (II) 
the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of such bonds, 
notes or other obligations, (III) the contracts, mort- 
gages or other securities purchased or otherwise ac- 
quired with the proceeds of such bonds, notes or other 
obligations, or (IV) any combination of (I), (II) or 
(III). The purposes, objects and powers of the City 
contemplated by the Enabling Law include the relief of 
conditions of unemployment in Baltimore City, encourag- 
ing the increase of industry and a balanced economy in 
Baltimore City, promoting economic development in Bal- 
timore City, and promoting the health, welfare and 
safety of the residents of Baltimore City. 

The City has received a letter of intent dated January 
9, 1981 (the "Letter of Intent") from Picorp Balti- 
more Realty Development Company, a New York gen- 



142 ORDINANCES Ord. No. 253 

eral partnership (the "Borrower"), pursuant to which 
the Borrower has requested the City to participate in 
the financing of the costs of the completion by the 
Borrower of a certain project in Baltimore City, Mary- 
land (the "Project"), by issuing and selling the City's 
industrial development revenue bonds in the aggregate 
principal amount not to exceed $1,000,000 (the "Bonds"), 
and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole 
and exclusive purpose of financing the costs of the com- 
pletion of the Project by the Borrower. 

The Project will consist generally of (a) the con- 
struction of an approximately 15,000 square foot build- 
ing on an approximately 17 acre tract of land already 
owned by the Borrower and located at 6500-6502 East 
Lombard Street in Baltimore City, and (b) the acquisi- 
tion and installation therein of any or all machinery 
and equipment as may be necessary or useful in con- 
nection with the operation thereof. Upon completion, the 
Project will be owned by the Borrower and leased to 
Picorp, Inc., Baltimore, a Delaware corporation, for use 
as a container chassis repair and storage depot. 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the "Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, 
and any and all other details of the Bonds and the 
issuance and sale thereof, and to do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 



ORDINANCES 143 

ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) 
promoting economic development in Baltimore City; (c) 
encouraging the increase of industry and a balanced econ- 
omy in Baltimore City; and (d) enhancing the develop- 
ment of the Port of Baltimore. 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other consti- 
tutional, statutory or charter provision limiting or re- 
stricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $1,000,000, 
subject to the provisions of this Ordinance. The proceeds 



144 ORDINANCES Ord. No. 253 

of the Bonds will be made available to the Borrower 
under terms and conditions approved by the Board and 
set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the 
completion of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Or- 
dinance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or similar 
agreement, as provided in the Enabling Law, and (iii) 
such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), un- 
der which the proceeds of the Bonds will be made available 
to the Borrower to finance the costs of the completion of 
the Project; and 

(d) do any and all things necessary, proper or expedi- 
ent in connection with the issuance, sale and delivery of 
the Bonds. 



ORDINANCES 145 

Sec. 5. And be it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, sale 
and delivery of any of the Bonds. 

Sec. 6. And he it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse ap- 
proval of any plans and specifications for aesthetic or 
functional reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person 
or circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, 



146 ORDINANCES Ord. No. 253 

or parts of this Ordinance or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 8. And be it further ordained, That the Bonds must 
be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six months period, 
may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board, in its sole discretion, and without 
action by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six months period. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. To the extent that the 
Bonds are not issued and sold within twelve months from 
the date on which this Ordinance is approved by the 
Mayor of the City, the authority provided in this Ordi- 
nance for the City to issue and sell the Bonds shall expire. 

Sec. 9. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 147 

No. 254 
(Council No. 396) 

AN ORDINANCE concerning 

DESIGNATION OF A RESIDENTIAL 
PLAN DEVELOPMENT 

FOR the purpose of approving* the application of Curtis 
Park Associates to have the property (i) located south of 
Popland Street, east of Pascal Avenue, west of Prudence 
Street and north of Montevedo Street, and shown as 
Parcel A on the plat accompanying this ordinance, and 
(ii) located south of Elmtree Street west of Prudence 
Street and north of Cypress Street and shown as Parcel 
B on the plat accompanying this ordinance, designated 
a Residential Planned Development in accordance with 
Sections 12.0-1 and 12.0-2 of Article 30 of the Baltimore 
City Code (1976 Edition), and to approve the develop- 
ment plan submitted by Curtis Park Associates. 

Whereas, on August 13, 1980, Curtis Park Associates, 
of Baltimore City, met with the Director of Planning, the 
designated officer of the Planning Commission of Baltimore 
City, to hold a Pre-Petition Conference to explain the scope 
and nature of existing and proposed development on the 
property in order to institute proceedings to have said 
property designated a Residential Planned Development; 
and 

Whereas, together herewith Curtis Park Associates 
made formal application to the City Council of Baltimore 
City and has submitted the requisite development plan to 
include the requirements specified in Sections 12.0-1 and 
12.0-2 of Article 30 of the Code (1976 Edition) ; now, 
therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the application of Curtis Park Asso- 
ciates to have the property (i) located south of Popland 
Street, east of Pascal Avenue, west of Prudence Street 
and north of Montevedo Street and shown as Parcel A on 
the plat accompanying this ordinance, and (ii) located 
south of Elmtree Street west of Prudence Street and north 



148 ORDINANCES Ord. No. 255 

of Cypress Street and shown as Parcel B on the plat ac- 
companying this ordinance, designated a Residential 
Planned Development pursuant to Article 30, Sections 
12.0-1 and 12.0-2 of the Baltimore City Code (1976 Edi- 
tion), be and it is hereby approved. 

Sec. 2. And be it further ordained, That the Develop- 
ment Plan submitted by Curtis Park Associates, attached 
hereto and made a part hereof, be and it is hereby 
approved. 

Sec. 3. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of each set of plans which is a part hereof, 
and approved hereby, and in order to give notice to the 
departments which are administering the Zoning Ordi- 
nance, said set of plans shall be signed by the President 
of the City Council, and, upon approval of the ordinance, 
by the Mayor of the City of Baltimore, said set of plans 
shall be signed by the Mayor of the City of Baltimore, 
and the City Treasurer shall transmit a copy of the ordi- 
nance and one set of plans to the Board of Municipal and 
Zoning Appeals, a copy of the ordinance and one set of 
plans to the Planning Commission, and a copy of the 
ordinance and one set of plans to the Zoning Administrator 
of Baltimore City. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 10, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 255 

(Council No. 475) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(PROFESSIONAL BUILDING PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 



ORDINANCES 149 

as limited oblig-ations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, to be designated ''Baltimore City, Maryland In- 
dustrial Development Revenue Bonds (The Professional 
Building Project)", in the aggregate principal amount 
not to exceed $1,250,000, pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs, charges, fees 
and expenses in connection with the acquisition and 
renovation of the property known as The Professional 
Building, located at 330-336 North Charles Street, and 
certain improvements in connection therewith, to be 
owned by 330 Associates, a Maryland limited partner- 
ship, and leased to various tenants as first-class office 
space; authorizing the Mayor of the City to accept, on 
behalf of the City, a letter of intent of 330 Associates 
addressed to the City dated December 5, 1980; making 
certain legislative findings; authorizing and empowering 
the Board of Finance of the City, prior to the issuance, 
sale and delivery of such bonds, to adopt a resolution 
pursuant to which the Board of Finance shall (a) pre- 
scribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing and sell- 
ing, and the time or times of issuance, and any and all 
other details of such bonds, and (b) do any and all 
things necessary, proper or expedient in connection with 
the issuance and sale of such bonds; authorizing the 
private (negotiated) sale of such bonds; providing that 
330 Associates shall agree to submit any plans and spe- 
cifications to, and to coordinate with, the Department 
of Housing and Community Development in connection 
with the acquisition and installation of such project; 
providing for the expiration of the authorization of the 
transaction approved by this Ordinance, if such bonds 
are not issued and sold within six months from the 
date this Ordinance is approved by the Mayor, unles e s 
UNLESS the authorization is extended by the Board of 
Finance as provided in this Ordinance; and generally 
providing for and determining various matters and de- 
tails in connection with the authorization, issuance, se- 
curity, sale and payment of such bonds. 



150 ORDINANCES Ord. No. 255 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabling 
Law"), empowers Mayor and City Council of Baltimore 
(the **City") to issue revenue bonds and to use the 
proceeds of the sale of such revenue bonds to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of the City. Some of the gen- 
eral objectives of the City, contemplated by the Enabling 
Law, incluudo INCLUDE the relief of conditions of un- 
employment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safety of the residents 
of Baltimore City. 

The City has received a letter of intent dated Decem- 
ber 5, 1980 (the "Letter of Intent") from 330 Asso- 
ciates, a Maryland limited partnership (the "Borrower") , 
pursuant to which the Borrower has requested the City 
to participate in the financing of the costs, charges, fees 
and expenses in connection with the acquisition by the 
Borrower of a certain project to be located in Balti- 
more City, Maryland (the "Project"), by issuing and 
selling industrial development revenue bonds of the 
City in the aggregate principal amount not to exceed 
$1,250,000 and by loaning the proceeds of such revenue 
bonds to the Borrower, upon the terms and conditions 
of a loan agreement to be entered into between the City 
and the Borrower (the "Loan Agreement"), as per- 
mitted by the Enabling Law (such loan being herein 
referred to as the "Loan") . 

The Project and the acquisition thereof, will consist 
generally of (a) the acquisition of three lots of land 
'located at 330-336 North Charles Street in Baltimore 
City, (b) the renovation of the buildings located thereon, 
one of which is a 26,000 square foot building known as 
The Professional Building, and (c) the acquisition and 
installation in such buildings of any or all other im- 
provements therein as may be necessary or useful in 
connection with the operation thereof. The Project will 



ORDINANCES 151 

be owned by the Borrower and leased to various tenants 
for use as first-class office space. 

The Loan Ag-reement will require the Borrower (a) to 
use the proceeds of the revenue bonds solely to finance 
the completion of the acquisition of the Project, and (b) 
to make Loan pajmients which will be sufl[icient to enable 
the City to pay the principal of and interest and pre- 
mium, if any, on the revenue bonds when and as the 
same shall become due and payable. 

As security for the revenue bonds, the City will enter 
into either (a) a trust agreement (the 'Trust Agree- 
ment") with a corporate trustee (the ^Trustee") to be 
appointed by the Board of Finance of the City (the 
"Board") or (b) an Assignment and Security Agree- 
ment (the *' Assignment") with (i) the original pur- 
chaser of the revenue bonds (the "Original Purchaser"), 
if on the date of delivery of such revenue bonds the 
acquisition of the Project has been completed, or (ii) 
the Original Purchaser and a trustee (which may be the 
Original Purchaser) (the "Project Fund Trustee"), if 
on the date of delivery of such revenue bonds the acqui- 
sition of the Project has not been completed. Pursuant 
to the Trust Agreement or the Assignment, the City 
will assign to the Trustee or, if the Assignment is en- 
tered into, the Original Purchaser, its successors and 
assigns, (among other things) (a) all of the City's 
right, title and interest in and to and remedies under 
the Loan Agreement, including (without limitation) any 
and all security referred to therein, excepting only the 
right of the City to indemnification by the Borrower and 
to payments to the City for expenses incurred by the 
City itself, (b) the receipts and revenues of the City 
from the Loan, (c) certain moneys which are at any 
time or from time to time on deposit with the Trustee 
or the Project Fund Trustee, (d) all right, title and 
interest in and to and remedies with respect to any and 
all other property of every description and nature from 
time to time by delivery or by writing of any kind con- 
veyed, pledged, assigned or transferred, as and for addi- 
tional security for the revenue bonds, by the City or by 
anyone on its behalf or with its written consent, to the 



152 ORDINANCES Ord. No. 255 

Trustee, or, if the Assignment is entered into, the 
Original Purchaser, its successors or assigns, and (e) 
all of the City's right, title and interest in and to and 
remedies under such other documents, including (with- 
out limitation) mortgages, deeds of trust, guaranties 
and security instruments, as the Board shall deem neces- 
sary to effectuate the issuance, sale and delivery of the 
revenue bonds and which the Board shall approve by a 
resolution or resolutions (the ''Resolution") to be adopted 
iby the Board prior to the issuance, sale and delivery of 
any of the revenue bonds. 

The revenue bonds will be sold at a private (nego- 
tiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

'Section 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it is 
hereby found and determined as follows : 

(1) The issuance and sale of the revenue bonds by the 
City pursuant to the Enabling Law in order to lend the 
proceeds thereof to the Borrower for the sole and exclu- 
sive puiT)ose of financing the costs of the Project will 
facilitate and expedite the completion of the acquisition 
of the Project by the Borrower. 

(2) The completion of the acquisition of the Project 
by the Borrower and the financing thereof as provided in 
this Ordinance will serve to promote the general purposes 
contemplated by the Enabling Law by (a) sustaining jobs 
•and employment in Baltimore City; (b) promoting eco- 
nomic development in Baltimore City; and (c) encourag- 
ing the increase of industiy and a balanced economy in 
Baltimore City. 

(3) The revenue bonds and the interest thereon shall 
not be general obligations of the City, and shall not be a 
pledge of or involve the faith and credit or the taxing 
power of the City, and shall not constitute a debt of the 
City, all within the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning of 



ORDINANCES 153 

any other constitutional, statutory or charter provision 
limiting or restricting the sale or issuance of bonds, notes 
or other obligations of the City. The revenue bonds and 
the interest thereon shall not constitute or give rise to any 
pecuniary liability of the City. The revenue bonds and the 
interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived from 
Loan repayments (both principal and interest) made to 
the City by the Borrower on account of the Loan and from 
any other moneys made available to the City for such pur- 
pose. If a Trust Agreement is entered into, the proceeds 
of the revenue bonds will be paid directly to the Trustee 
to be held and disbursed by the Trustee as provided in the 
Trust Agreement to be approved by the Board in the 
Resolution. If an Assignment is entered into, and the 
Project has not been completed on or before the date of 
delivery of such revenue bonds, the Board will provide in 
the Resolution that the proceeds will be paid directly to 
the Project Fund Trustee and deposited by the Project 
Fund Trustee into the Project Fund created under the 
Assignment. If an Assignment is entered into, and the 
Board finds and determines that the Project has been or 
mil be completed on or before the date of delivery of the 
revenue bonds, the Board may provide in the Resolution 
that no Project Fund will be created under the Assign- 
ment and that the proceeds of the revenue bonds ^\ill be 
paid directly to the Borrower, or for the account of the 
Borrower, to be used by the Borrower to pay the costs of, 
or to reimburse the Borrower for the payment of the costs 
of, the completion of the Project. Payments of the prin- 
cipal of and premium (if any) and interest on the Loan 
will be paid by the Borrower directly to the Trustee as 
provided in the Trust Agreement or to the Original Pur- 
chaser, its successors and assigns, as provided in the As- 
signment, to be approved by the Board in the Resolution. 
No such moneys will be commingled with the City's funds 
or will be subject to the absolute control of the City, but 
will be subject only to such limited supei^vision and checks 
as are deemed necessary or desirable by the City to insure 
that the proceeds of the revenue bonds are used to accom- 
plish the public pui-poses of the Enabling Law and this 
Ordinance. The loan form of transaction authorized here- 



154 ORDINANCES Ord. No. 255 

under shall in no event constitute a capital project within 
the meaning of any charter or statutory provision. The 
public puiiDOses expressed in the Enabling Law are to be 
achieved by facilitating the completion of the Project by 
the Borrower. 

(4) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 
any lien and security interest created by the Loan Agree- 
ment, and (c) any interest created by any other mortgage 
or deed of trust or other security instrument executed and 
delivered by the Borrower or any third party as security 
for the Loan or the revenue bonds as the Board may pro- 
vide for and approve in the Resolution. The security for the 
revenue bonds shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligations of the Bor- 
rower to make the payments required by the Loan Agree- 
ment, (b) moneys realized from the liquidation of any lien 
and security interest created by the Loan Agreement and 
of any other lien or security interest created with respect 
to any property as security for the Loan or the revenue 
bonds as the Board may provide for and approve in the 
Resolution, and (c) moneys realized from any guaranty of 
the revenue bonds or of the Loan as the Board may pro- 
vide for and approve in the Resolution. 

(5) The best interest of the City will be served by 
selling the revenue bonds at private (negotiated) sale, as 
authorized by the Enabling Law, upon terms and condi- 
tions approved by the Board in the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, and 
as limited obligations of the City and not upon its full 
faith and credit, its Baltimore City, Maryland Industrial 
Development Revenue Bonds (The Professional Building 
Project) , in the aggregate principal amount not to exceed 
$1,250,000 (the ''Bonds"), subject to the provisions of 
this Ordinance. The proceeds of the Bonds will be loaned 



ORDINANCES 155 

to the Borrower pursuant to the terms and provisions of 
the Loan Agreement, to be used by the Borrower for the 
sole and exclusive purpose of financing the costs, charges, 
fees, and expenses in connection with the completion of the 
Project. ANY PROCEEDS OF THE BONDS, AND ANY 
SUMS EARNED BY INVESTMENT OF THE PRO- 
CEEDS OF THE BONDS PRIOR TO DISBURSEMENT, 
WHICH PROCEEDS AND OTHER SUMS REMAIN UN- 
DISBURSED AFTER PAYMENT IN FULL OF THE 
COSTS, CHARGES, FEES AND EXPENSES IN CON- 
NECTION WITH THE COMPLETION OF THE PROJ- 
ECT (OR AFTER MAKING PROVISION FOR THE 
PAYMENT THEREOF) SHALL BE APPLIED TO THE 
REDEMPTION OF THE BONDS AT THE EARLIEST 
PRACTICABLE DATE. The Bonds and the interest there- 
on shall be limited obligations of the City, repayable by the 
City solely from the revenue derived from Loan repay- 
ments (both principal and interest) made to the City by 
the Borrower pursuant to the Loan Agreement and from 
any other moneys made available to the City for such pur- 
pose. The security for the Bonds shall be solely and ex- 
clusively as provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the Bonds, 
and the ]\Iayor of the City is hereby authorized to accept 
the Letter of Intent on behalf of the City in order to fur- 
ther evidence the present intent of the City to issue the 
Bonds in accordance with the terms and provisions of this 
Ordinance. 

Sec. 4. And be it further ordained. That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bond (The 
Professional Building Project)", provided, that the de- 
scriptive title may contain such other descriptive infor- 
mation as the Board may prescribe in the Resolution (e.g. 
"1981 Series"). The Bonds shall bear interest at the rate 
or rates of interest to be determined by negotiation with 
the original purchaser or purchasers of the Bonds and to 
be approved and prescribed by the Board in the Resolution. 

Sec. 5. And he it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, in- 



156 ORDINANCES Ord. No. 255 

eluding any Trustee's Certificate of Authentication to be 
endorsed thereon if the Trust Agreement is entered into, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board 
may approve in the Resolution. 

Sec. 6. And he it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal, by his manual signature. The Loan Agree- 
ment, the Trust Agreement, or the Assignment and, where 
applicable, all other documents as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds, shall be executed in the name of the City and on 
its behalf by the Mayor of the City by his manual or fac- 
simile signature, and the corporate seal of the City or a 
facsimile thereof shall be impressed or othei-wise repro- 
duced thereon and attested by the Custodian of the City 
Seal by his manual signature. In case any officer whose sig- 
nature or a facsimile of whose signature shall appear on 
the Bonds or any of the aforesaid documents shall cease 
to be such officers before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such 
facsimile shall nevertheless be valid and sufficient for all 
purposes, the same as if such officer had remained in office 
until delivery. The Mayor of the City, the Director of Fi- 
nance of the City, the Custodian of the City Seal and other 
officials of the City are hereby authorized and empowered 
to do all such acts and things and execute such documents 
and certificates as the Board may determine in the Resolu- 
tion to be necessary to carry out and comply with the pro- 
visions hereof. 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from time 
to time and in one or more series and in such amount or 
lamounts not exceeding, in the aggregate, the principal 
amount of $1,250,000, as the Board shall prescribe in the 
Resolution. 



ORDINANCES 157 

Sec. 8. And be it further ordained, That the Bonds shall 
be dated, shall be in such denominations, shall be of such 
form and tenor, and shall be payable in such amounts, at 
such times and at such place or places as the Board shall 
prescribe in the Resolution. 

Sec. 9. And he it further ordained, That the Bonds may 
be subject to redemption prior to their stated maturities 
upon such terms and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And he it further ordained, That prior to the 
issuance, sale and delivery of the Bonds, the Board shall 
adopt the Resolution pursuant to which the Board shall : 

(a) prescribe the form, tenor, terms and conditions of 
and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of 
interest (or the method of determining the same) , denomi- 
nations, date, actual maturity or maturities, and the place 
or places of payment of the Bonds, and the terms and con- 
ditions and details under which the Bonds may be called 
for redemption prior to their stated maturities ; 

(c) if a Trust Agreement is entered into, appoint a 
bank having trust powers, or a trust company, as Trustee 
for the Bonds and, if necessary, appoint a paying agent 
or agents for the Bonds, which may be the Trustee; 

(d) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement or the Assignment, 
and (iii) such other documents, including (without limita- 
tion) mortgages, deeds of trust, guaranties and security 
instruments as the Board shall deem necessary to approve 
in order to effectuate the issuance, sale and delivery of the 
Bonds; 

(e) determine the time of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other de- 
tails of the Bonds; 

(f) provide for the direct payment by the Borrower 
of all costs, fees and expenses incurred by or on behalf 
of the City in connection with the issuance, sale and de- 



158 ORDINANCES Ord. No. 255 

livery of the Bonds, including (without limitation) costs 
of printing (if any) and issuing the Bonds, legal expenses 
and compensation to any person (other than full time em- 
ployees of the City) performing services by or on behalf 
of the City in connection therewith; 

(g) if the Trust Agreement is entered into, provide 
for the issuance and sale (subject to the passage of an 
appropriate ordinance authorizing the same as may be 
required at the time) of one or more series of additional 
bonds and one or more series of refunding bonds ; and 

(h) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper 
or expedient in connection with the issuance, sale and de- 
livery of the Bonds. 

Sec. 11. And be it further ordained, That the Loan 
Agreement and the Trust Agreement or the Assignment 
shall contain such terms, provisions and conditions, not 
inconsistent with the Enabling Law and the provisions 
of this Ordinance, as the Board shall approve in the Reso- 
lution. 

Sec. 12. And be it further ordained, That, as authorized 
by the Enabling Law, the Bonds shall be sold at private 
(negotiated) sale upon such terms and conditions as shall 
be approved by the Board in the Resolution. 

Sec. 13. And be it further ordained, That the Bonds and 
the interest thereon shall not be general obligations of 
the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not 
constitute a debt of the City, all within the meaning of 
Section 7 of Article XI of the Constitution of Maryland 
or any other constitutional, statutory or charter provision 
limiting or restricting the sale or issuance of bonds, notes 
or other obligations of the City. The Bonds and the in- 
terest thereon shall not constitute or give rise to any 
pecuniary liability of the City. The Bonds, and the interest 
thereon, shall be limited obligations of the City, the prin- 
cipal of and interest on which Bonds shall be payable by 
the City solely from the revenue derived from Loan re- 



ORDINANCES 159 

payments (both principal and interest) made to the City 
by the Borrower on account of the Loan and, to the extent 
provided by the Board in the Resolution, from the pro- 
ceeds of the Bonds, and from any other moneys made avail- 
able to the City for such purpose. If the Trust Agreement 
is entered into, the proceeds of the Bonds will be paid 
directly to the Trustee to be held and disbursed by the 
Trustee as provided in the Trust Agreement to be approved 
by the Board in the Resolution. If an Assignment is en- 
tered into and the Project has not been completed, the 
Board will provide in the Resolution that the proceeds 
will be paid directly to the Project Fund Trustee and de- 
posited by the Project Fund Trustee into the Project Fund 
thereby created under the Assignment, or if the Assign- 
ment is entered into and the Board finds and determines 
that the Project has been or will be completed on or before 
the date of delivery of the revenue bonds, the Board may 
provide in the Resolution that the proceeds of the revenue 
bonds will be paid directly to the Borrower, or for the 
account of the Borrower, to be used by the Borrower to 
pay the costs of, or to reimburse the Borrower for pay- 
ment of the costs of, the completion of the Project, as pro- 
vided in the Assignment to be approved by the Board in 
the Resolution. No such moneys will be commingled with 
the City's funds or will be subject to the absolute control 
of the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Enabling 
Law and this Ordinance. 

Sec. 14. And be it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement or the Assignment to be approved by the Board 
shall, set aside and pledge the income and revenue under 
the Loan Agreement (other than payments to the City 
for indemnification or to reimburse the City for expenses 
incurred by the City itself) to the Trustee or, if the As- 
signment is entered into, the Original Purchaser, its suc- 
cessors and assigns, to be used and applied for the pay- 



160 ORDINANCES Ord. No. 255 

ment of the principal of and interest on the Bonds. Pur- 
suant to the terms of the Loan Agreement to be approved 
by the Board in the Resolution, payments sufficient for the 
prompt payment when due of the principal of, premium, 
if any, and interest on the Bonds are to be paid by the 
Borrower to the Trustee for the benefit of the holders of 
the Bonds, or, if the Assignment is entered into, to the 
Original Purchaser, its successors and assigns, for the 
account of the City. 

Sec. 15. And be it further ordained, That the Borrower 
shall agree that : 

(a) It will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse ap- 
proval of any plans and specifications for aesthetic or 
functional reasons; and 

(b) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 16. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutional- 
ity, or inapplicabilty shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 17. And he it further ordained, That, if the Bonds 
are not issued and sold \\dthin six months from the date 



ORDINANCES 161 

on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided, 
however, that the Board may, after a showing of good 
cause at a public hearing held before the Board, extend 
such authorization for one additional temi not to exceed 
six months. The Board, in its sole discretion, shall de- 
teiTnine the sufficiency, or lack thereof, of the reasons 
presented for any requested extension of this Ordinance. 
If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. 

Sec. 18. A7id be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 13, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 256 
(Council No. 516) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 

BONDS— (HUNTER STREET JOINT VENTURE 

PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$1,500,000, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclu- 
sive purpose of financing the costs of the completion 
by Hunter Street Joint Venture, a Maryland general 
partnership, of a cei^in project in Baltimore City 
consisting of the acquisition of the real property located 



162 ORDINANCES Ord. No. 256 

at 210-212 E. Lombard Street in Baltimore City (in- 
cluding the existing improvements thereon) , the renova- 
tion of certain improvements thereon, and the purchase 
and installation of certain machinery and equipment 
therein, to be owned by Hunter Street Joint Venture 
and leased to one or more tenants for use as office and 
commercial facilities; authorizing the Mayor of the City, 
on behalf of the City, to accept the letter of intent dated 
January 12, 1981 from Hunter Street Joint Venture to 
the City ; making certain legislative findings ; authorizing 
and empowering the Board of Finance of the City, by 
a resolution or resolutions adopted prior to the issuance, 
sale and delivery of any series of such bonds, to (a) 
prescribe, among other things but not limited to, the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competi- 
tive bid sale), and the time or times of issuance, and 
any and all other details of such bonds, and (b) do any 
and all things necessary, proper or expedient in connec- 
tion with the issuance and sale of such bonds; author- 
izing the Board of Finance to adopt a supplemental reso- 
lution or resolutions for certain purposes; authorizing 
the issuance of notes in anticipation of the issuance of 
such bonds ; providing that Hunter Street Joint Venture 
shall agree to submit any plans and specifications to, 
and to coordinate with, the Department of Housing and 
Community Development in connection with the comple- 
tion of such project; providing that such bonds (or bond 
anticipation notes issued in anticipation of the issuance 
of such bonds) must be issued and sold within six 
months from the date this Ordinance is approved by 
the Mayor, unless the Board of Finance approves one 
six-month extension as provided in this Ordinance; and 
generally providing for and determining various matters 
and details in connection with the issuance and sale of 
such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabling 
Law")> empowers Mayor and City Council of Baltimore 
(the *'City") to borrow money to finance undertakings 



ORDINANCES 163 

for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including re- 
funding bonds, notes or other obligations), all of which 
shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues from 
or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, 
(III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combina- 
tion of (I), (II) or (III). The purposes, objects and 
powers of the City contemplated by the Enabling Law 
include the relief of conditions of unemployment in Bal- 
timore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting eco- 
nomic development in Baltimore City, and promoting 
the health, welfare and safety of the residents of Bal- 
timore City. 

The City has received a letter of intent dated January 
12, 1981 (the "Letter of Intent") from Hunter Street 
Joint Venture, a Maryland general partnership (the 
"Borrower"), pursuant to which the Borrower has re- 
quested the City to participate in the financing of the 
costs of the completion by the Borrower of a certain 
project in Baltimore City, Maryland (the "Project"), 
by issuing and selling the City's industrial development 
revenue bonds in the aggregate principal amount not to 
exceed $1,500,000 (the "Bonds"), and by making the 
proceeds of the Bonds available to the Borrower to be 
used by the Borrower for the sole and exclusive pur- 
pose of financing the costs of the completion of the 
Project by the Borrower. 

The Project will consist generally of (a) the acquisi- 
tion of a tract of land containing approximately 5,600 
square feet located at 210-212 E. Lombard Street in 



164 ORDINANCES Ord. No. 256 

Baltimore City and the existing improvements thereon 
consisting of, among other things, two four-story loft 
buildings, (b) the renovation of the existing improve- 
ments thereon for office and commercial space, and (c) 
the acquisition and installation in such improvements 
of any and all machinery and equipment as may be 
necessary or useful in connection with the operation 
thereof. Upon completion, the Project will be owned by 
the Borrower and leased to one or more tenants for 
use as 'Office and commercial facilities. The identity of 
the tenant or tenants has not yet been determined. 

The Enabling Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of the Bonds and the issuance and 
sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it 
is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City- 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion 
of the Project will facilitate and expedite the completion 
of the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining and increasing jobs and employment in Baltimore 
City; (b) promoting economic development in Baltimore 
City; and (c) encouraging the increase of industry and 
a balanced economy in Baltimore City. 



ORDINANCES 165 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other constitu- 
tional, statutory or charter provision limiting or restricting 
the sale or issuance of bonds, notes or other obligations 
of the City. All of the Bonds shall be limited obligations 
of the City, and shall be fully negotiable, payable, as to 
both principal and interest, solely from and secured solely 
by a pledge of (I) the revenues from or arising in con- 
nection with the Project, (II) the revenues from or arising 
in connection with any contracts, mortgages or other se- 
curities purchased or otherwise acquired with the proceeds 
of the Bonds, (III) the contracts, mortgages or other se- 
curities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery 
of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $1,500,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the Borrower for the sole 
and exclusive purpose of financing the costs of the com- 
pletion of the Project. ANY PROCEEDS OF THE BONDS, 
AND ANY SUMS EARNED BY INVESTMENT OF THE 
PROCEEDS OF THE BONDS PRIOR TO DISBURSE- 
MENT, WHICH PROCEEDS AND OTHER SUMS RE- 
MAIN UNDISBURSED AFTER PAYMENT IN FULL 
OF THE COSTS OF THE COMPLETION OF THE 
PROJECT (OR AFTER MAKING PROVISION FOR THE 
PAYMENT THEREOF) SHALL BE APPLIED TO THE 
REDEMPTION OF THE BONDS AT THE EARLIEST 
PRACTICABLE REDEMPTION DATE. 



166 ORDINANCES Ord. No. 256 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the Bonds, 
and the Mayor of the City is hereby authorized to accept 
the Letter of Intent on behalf of the City in order to fur- 
ther evidence the present intent of the City to issue the 
Bonds in accordance with the terms and provisions of this 
Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale) , and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 6 of this Ordi- 
nance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or similar 
agreement, as provided in the Enabling Law, and (iii) 
such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), un- 
der which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the comple- 
tion of the Project ; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And be it further ordained, That the Board is 
hereby authorized and empowered to adopt a resolution 
or resolutions from time to time, either before or after 
the issuance, sale and delivery of the Bonds, to supple- 



ORDINANCES 167 

ment the resolution or resolutions referred to in Sections 
4 and 8 of this Ordinance, and to approve thereby amend- 
ments or supplements to or substitutes for the forms and 
terms, conditions and provisions of the Bonds, the trust 
agreement or similar agreement and all other documents 
approved by such resolution or resolutions, provided that 
each such supplemental resolution and each such amend- 
ment, supplement or substitute shall be in accord with the 
provisions of the Enabling Law and this Ordinance. 

Sec. 6. And be it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit 
or the taxing power of the City, and shall not constitute 
a debt of the City, all within the meaning of Section 7 
of Article XI of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limiting 
or restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 7. And be it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf by 
the Mayor of the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal, by his manual signature. The trust agree- 
ment or similar agreement and all other documents ap- 
proved in the resolution or resolutions referred to in Sec- 
tions 4 and 8 of this Ordinance, and all amendments 



168 ORDINANCES Ord. No. 256 

thereto, if any, approved in the resolution referred to in 
Section 5 of ttiis Ordinance, shall be executed in the name 
of the City and on its behalf by the Mayor of the City 
by his manual signature, and the corporate seal of the 
City or a facsimile thereof shall be impressed or otherwise 
reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such signa- 
ture or such facsimile shall nevertheless be valid and suf- 
ficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine in the resolutions referred to in Section 4 and 
Section 5 of this Ordinance to be necessary to carry out 
and comply with the provisions hereof. 

Sec. 8. And be it further ordained, That the authority 
to issue the Bonds is intended and shall be deemed to 
include the authority to issue bond anticipation notes pur- 
suant to Section 12 of Article 31 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1980 Cumula- 
tive Supplement), as amended (the "Bond Anticipation 
Note Enabling Legislation"). Reference in this Ordinance 
to the "Bonds" shall include such bond anticipation notes 
where appropriate. As permitted by the Enabling Law 
and the Bond Anticipation Note Enabling Legislation, the 
Board is hereby authorized and empowered, by a resolu- 
tion or resolutions adopted prior to the issuance, sale and 
delivery of any of such bond anticipation notes, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of such bond anticipation notes and the 
issuance and sale thereof ; 



ORDINANCES 1G9 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 6 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of such bond anticipation notes ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), un- 
der which the proceeds of such bond anticipation notes 
will be made available to the Borrower to finance the costs 
of the completion of the Project ; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of such bond anticipation notes. 

In accordance \^ath the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond 
anticipation notes issued pursuant to this Section of this 
Ordinance and the interest thereon from the proceeds of 
the Bonds in anticipation of the sale of which such notes 
are issued, and the City hereby further covenants to issue 
such Bonds when, and as soon as, the reason for deferring 
the issuance of the Bonds no longer exists. The timely 
issuance of such Bonds, however, is dependent upon mat- 
ters not within the control of the City, including (without 
limitation) the existence of a purchaser or purchasers for 
such Bonds at the time the reason for deferring the issu- 
ance of the Bonds no longer exists and the effectiveness 
of various actions taken by the Borrower, its officers, 
agents and employees. 

Sec. 9. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 



170 ORDINANCES Ord. No. 256 

of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the desi^ 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 10. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutional- 
ity, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 11. And be it further ordained, That either the 
Bonds or bond anticipation notes issued pursuant to Sec- 
tion 8 of this Ordinance in anticipation of the issuance of 
the Bonds must be issued and sold within six months from 
the date on which this Ordinance is approved by the Mayor 
of the City; provided, however, that the Board, after a 
showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six-month 
period, may extend the period during which either the 
Bonds or such bond anticipation notes may be issued and 
sold for one additional term not to exceed six months from 
the date on which the first six-month period expired. The 
Board, in its sole discretion, and without action by the 
City Council, shall determine the sufficiency, or lack thereof, 
of the reasons presented for any requested extension of 
the six-month period. If an extension is granted, notice 
of such extension and the reasons therefor must be sent 
to the City Council. To the extent that neither the Bonds 
nor such bond anticipation notes are issued and sold 



ORDINANCES 171 

-within twelve months from the date on which this Ordi- 
nance is approved by the Mayor of the City, the authority 
provided in this Ordinance for the City to issue and sell 
the Bonds and such bond anticipation notes shall expire. 

Sec. 12. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 13, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 257 

(Council No. 518) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 

BONDS— (CHURCHILL SQUARE JOINT 

VENTURE PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$2,500,000, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclu- 
sive purpose of financing the costs of the completion 
by Churchill Square Joint Venture, a Maryland part- 
nership, of a certain project in Baltimore City consist- 
ing of the acquisition of the improved parcel of real 
property known as 814 through 828 Light Street and 
the unimproved parcel of real property known as SS^ 37 
through S4S 43 East Montgomery Street in Baltimore 
City, together with all improvements thereon, the reha- 
bilitation, renovation and remodeling of certain improve- 
ments thereon, the purchase and installation of certain 
machinery and equipment therein, and the acquisition 



172 ORDINANCES Ord. No. 257 

of certain other related interests in real or personal 
property to be owned and operated by Churchill Square 
Joint Venture and leased to various tenants for use 
as a shopping/office center complex known as ''Churchill 
Square"; authorizing the Mayor of the City, on behalf 
of the City, to accept the letter of intent dated January 
12, 1981 from Churchill Square Joint Venture to the 
City; making certain legislative findings; authorizing 
and empowering the Board of Finance of the City, by 
a resolution or resolutions adopted prior to the issu- 
ance, sale and delivery of any series of such bonds, to 
(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, 
and any and all other details of such bonds, and (b) 
do any and all things necessary, proper or expedient 
in connection with the issuance and sale of such bonds; 
providing that Churchill Square Joint Venture shall 
agree to submit any plans and specifications to, and 
to coordinate with, the Department of Housing and 
Community Development in connection with the com- 
pletion of such project; providing that such bonds must 
be issued and sold within six months from the date 
this Ordinance is approved by the Mayor, unless the 
Board of Finance approves one six months extension 
as provided in this Ordinance; and generally providing 
for and determining various matters and details in con- 
nection with the issuance and sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabl- 
ing Law"), empowers Mayor and City Council of Bal- 
timore (the "City") to borrow money to finance under- 
takings for the accomplishment of any of the purposes, 
objects and powers of the City and in connection there- 
with to issue bonds, notes, or other obligations (includ- 
ing refunding bonds, notes or other obligations), all of 
which shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 



ORDINANCES 173 

with the property, facilities, developments and improve- 
ments whose financing is undertaken by the issuance of 
such bonds, notes or other obligations, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or othenvise ac- 
quired with the proceeds of such bonds, notes or other 
obligations, (III) the contracts, mortgages or other se- 
curities purchased or otherwise acquired with the pro- 
ceeds of such bonds, notes or other obligations, or (IV) 
any combination of (I), (II) or (III). The pui-poses, 
objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unem- 
plojTnent in Baltimore Citj^ encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safetj^ of the residents 
of Baltimore City. 

The City has received a letter of intent dated January 
12, 1981 (the ''Letter of Intent") from Churchill Square 
Joint Venture, a Maryland partnership (the "Bor- 
rower"), pursuant to which the Bon^ower has requested 
the City to participate in the financing of the costs of 
the completion by the Borrower of a certain project 
in Baltimore City, Maryland (the ''Project"), by issuing 
and selling the City's industrial development revenue 
bonds in the aggregate principal amount not to exceed 
$2,500,000 (the "Bonds"), and by maJdng the proceeds 
of the Bonds available to the Borrower to be used by 
the Borrower for the sole and exclusive pui^pose of 
financing the costs of the completion of the Project by 
the Borrower. 

The Project will consist generally of (a) the acquisi- 
tion of the improved parcel of real property known as 
814 through 828 Light Street and the unimproved parcel 
of real property known as S^ 37 through S4S 43 East 
Montgomery Street, in Baltimore City, together with all 
improvements thereon, (b) the rehabilitation, renova- 
tion and remodeling of the improvements thereon, (c) 
the acquisition and installation in such improvements of 
any or all machinery and equipment as may be neces- 
sary or useful in connection wdth the operation of the 
Project, and (d) the acquisition of such other interests 



174 ORDINANCES Ord. No. 257 

in land as may be necessary or suitable for the Project, 
including roads and rights of access, utilities and other 
necessary site preparation facilities. Upon completion, 
the Project will be owned and operated by the Borrower 
and leased to various tenants for use as a shopping/ 
office center complex known as "Churchill Square". 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the * 'Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, 
and any and all other details of the Bonds and the 
issuance and sale thereof, and to do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project ^vill facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) 
promoting economic development in Baltimore City; and 
(c) encouraging the increase of industry and a balanced 
economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 



ORDINANCES 175 

the meaning of Section 7 of Article XI of the Constitu- 
tion of Maryland or within the meaning of any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, 
payable, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, 
mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, or (IV) any 
combination of (I), (II) or (III), all as the Board may 
approve by a resolution or resolutions adopted prior to the 
issuance, sale and delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at 
any time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue bonds, 
in the aggregate principal amount not to exceed $2,500,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be made available to the Borrower 
under terms and conditions approved by the Board and 
set forth in a Resolution, and used by the Borrower for 
the sole and exclusive purpose of financing the costs of the 
completion of the Project. 

Sec. 3. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained. That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds, to: 



176 ORDINANCES Ord. No. 257 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Or- 
dinance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or 
similar agreement, as provided in the Enabling Law, and 
(iii) such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than 
customary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made 
available to the Borrower to finance the costs of the 
completion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And he it further ordained, That any and all of 
the Bonds shall not be general obligations of the City 
and shall not be a pledge of or involve the faith and credit 
or the taxing power of the City, and shall not constitute 
a debt of the City, all within the meaning of Section 7 
of Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, 



ORDINANCES 177 

mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, or (IV) any com- 
bination of (I), (II) or (III), all as the Board may 
approve by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds. 

Sec. 6. And be it f^irther ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained, That the Bonds 
shall be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile 
signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Cus- 
todian of the City Seal, by his manual signature. Any 
documents deemed necessary by the Board to effectuate 
the issuance, sale and delivery of the Bonds, shall be 
executed in the name of the City and on its behalf by the 
Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof 
shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bonds or 
any of the aforesaid documents shall cease to be such 
officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, the 
same as if such officer had remained in office until de- 
livery. The Mayor of the City, the Director of Finance of 



178 ORDINANCES Ord. No. 257 

the City, the Custodian of the City Seal and other officials 
of the City are hereby authorized and empowered to do 
all such acts and things and execute such documents and 
certificates as the Board may determine in the Resolution 
to be necessary to carry out and comply with the provi- 
sions hereof. 

Sec. 8. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 9. And he it further ordained, That the Bonds 
must be issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six months period, 
may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six months period 
expired. The Board, in its sole discretion, and without 
action by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six months period. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. To the extent that the 
Bonds are not issued and sold within twelve months from 
the date on which this Ordinance is approved by the 
Mayor of the City, the authority provided in this Ordi- 
nance for the City to issue and sell the Bonds shall expire. 



ORDINANCES 179 

Sec. 10. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 13, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 258 
(Council No. 538) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS, 

OR IN THE ALTERNATIVE, A LOAN PURSUANT 

TO THE MARYLAND INDUSTRIAL DEVELOPMENT 

FINANCING AUTHORITY ACT, FOR THE BENEFIT 

OF BERLIN ENTERPRISES, INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to either (a) borrow, as 
a limited obligation and not upon the faith and credit 
of the City, a sum of money not to exceed $1,700,000, 
pursuant to the Maryland Industrial Development Fi- 
nancing Authority Act, or (b) issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$1,700,000, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, in either event for the 
sole and exclusive purpose of financing the costs of the 
acquisition by Berlin Enterprises, Inc., an Illinois cor- 
poration, of a certain project in Baltimore City, con- 
sisting of the acquisition of the real property located 
at 6401 Quad Avenue in Baltimore City, together with 
the existing improvements thereon, the further improve- 
ment of such real property, the purchase and installation 
of certain machinery and equipment therein, and the 
acquisition of such other interests in land as may be 



180 ORDINANCES Ord. No. 258 

necessaiy or suitable for the project, to be owned by 
Berlin Enterprises, Inc., and leased to M. R. Berlin Co., 
Inc., an Illinois corporation doing business in Maryland 
as Baltimore Tin Plate, Inc., for use as a steel service 
center in which it will acquire steel from domestic steel 
producing sources, and cut, sheer and otherwise process 
such steel ; authorizing the Mayor and other appropriate 
officials of the City, on behalf of the City, (a) to accept 
the letter of intent dated February 12, 1981 from Berlin 
Enterprises, Inc. to the City, and (b) to execute any 
and all documents necessary to effectuate and to secure 
payment of such financing; making certain legislative 
findings; authorizing and empowering the Board of 
Finance of the City, in connection with any issuance of 
industrial development revenue bonds, by a resolution 
or resolutions adopted prior to the issuance, sale and 
delivery of any series of such bonds, to (a) prescribe, 
among other things but not limited to, the form, terms, 
provisions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of such bonds; authorizing and em- 
powering the Board of Estimates of the City, in con- 
nection with any borrowing by the City pursuant to the 
Maryland Industrial Development Financing Authority 
Act, to approve, prior to any such borrowing, the terms 
and provisions and form and substance of any and all 
documents and instruments to be executed or entered 
into by the City in connection therewith; providing that 
Berlin Enterprises, Inc. shall agree to submit any plans 
and specifications to, and to coordinate with, the De- 
partment of Housing and Community Development in 
connection with the completion of such project; pro- 
viding that such bonds must be issued and sold, or such 
borrowing must be consummated, within six months 
from the date this Ordinance is approved by the Mayor, 
unless an extension of such authorization is granted, as 
provided in this Ordinance; authorizing the issuance of 
notes in anticipation of such borrowing or the issuance 
of such revenue bonds; and generally providing for and 



ORDINANCES 181 

determining various matters and details in connection 
with such financing. 

BY authority of 

MIDFA Act — Title 13, Sections 13-101 through 
13-155, inclusive, of the Financial Institutions Arti- 
cle of the Annotated Code of Maryland (1980 
Volume and 1980 Supplement) , as amended; and 

Sub-section (50) of Article II of the Charter of 
Baltimore City (1964 Revision) , as amended. 

RECITALS 

Whereas, Section 13-140 of Title 13 and Sections 
13-101 through 13-155, inclusive, of the Financial In- 
stitutions Article of the Annotated Code of Maryland 
(1980 Volume and 1960 Supplement), as amended (the 
''MIDFA Act"), authorizes, among other things, a pub- 
lic body of the State of Maryland (the "State"), to 
borrow money without pledging its faith and credit in 
support of a loan made under the MIDFA Act and to 
execute a mortgage to secure the mortgage loan, for 
the purpose of defraying the cost of acquiring any in- 
dustrial project approved by the Maryland Industrial 
Development Financing Authority ("MIDFA") ; and 

Whereas, Section 13-141 of the MIDFA Act provides 
that the funds to be borrowed by the public body shall 
be utilized in connection with a "bona fide industrial 
project" as evidenced by a letter of intent or similar 
agreement between the prospective industrial project 
applicant and the public body borrowing the money ; and 

Whereas, Section 13-140 of the MIDFA Act provides 
that the public body of the State may borrow money to 
relend to an industrial project applicant under Section 
13-151, and Section 13-151 of the MIDFA Act provides 
that, at its option, the industrial project applicant may 
be the mortgagor instead of the pubHc body and give a 
mortgage to the mortgagee (as defined in the MIDFA 
Act) or directly to the public body to be assigned to 
the mortgagee; and 

Whereas, Sub-section (50) of Article II of the Char- 
ter of Baltimore City (1964 Revision), as amended (the 



182 ORDINANCES Ord. No. 258 

"Charter"), empowers Mayor and City Council of Bal- 
timore (the "City") to borrow money to finance under- 
takings for the accomplishment of any of the purposes, 
objects and powers of the City and in connection there- 
with to issue bonds, notes, or other obligations (includ- 
ing refunding bonds, notes or other obligations), all of 
which shall be fully negotiable, payable, as to both prin- 
cipal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connec- 
tion with the property, facilities, developments and im- 
provements whose financing is undertaken by the issu- 
ance of such bonds, notes or other obligations, (II) the 
revenues from or arising in connection with any con- 
tracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of such bonds, notes or 
other obligations, (III) the contracts, mortgages or 
other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, 
or (IV) any combination of (I), (II) or (III) ; and 

Whereas, the purposes, objects and powers of the 
City contemplated by the Charter include the relief of 
conditions of unemployment in Baltimore City, encourag- 
ing the increase of industry and a balanced economy in 
Baltimore City, promoting economic development in Bal- 
timore City, and promoting the health, welfare and 
safety of the residents of Baltimore City ; and 

Whereas, the City, a "public body" as defined in Sec- 
tion 13-101(0) of the MIDFA Act, has received a letter 
of intent dated February 12, 1981 (the "Letter of In- 
tent") from Berlin Enterprises, Inc., an Illinois cor- 
poration and an "industrial project applicant" as men- 
tioned in Section 13-141 (c)(2) of the MIDFA Act 
(the "Borrower"), pursuant to which the Borrower has 
requested the City to participate in the financing of the 
costs of the acquisition by the Borrower of a certain 
industrial project in Baltimore City, Maryland (the 
"Project"), by either (a) borrowing from a "mort- 
gagee" within the meaning of the MIDFA Act a sum 
not to exceed $1,700,000, to be evidenced by the promis- 
sory note or notes, bond or bonds, or other obligations 
of the City (collectively, the "Note") pursuant to the 



ORDINANCES 183 

MIDFA Act, or (b) issuing and selling the City's in- 
dustrial development revenue bonds in the aggregate 
principal amount not to exceed $1,700,000 (the ''Bonds") , 
pursuant to the Charter; and by making the proceeds 
of the Note or the Bonds, as the case may be, available 
to the Borrower to be used by the Borrower for the 
sole and exclusive purpose of financing the costs of the 
acquisition of the Project by the Borrower; and 

Whereas, the Project, which is an "undertaking" 
which will accomplish the purposes, objects and powers 
of the City as mentioned in the Charter, and an ** indus- 
trial project" as defined in Section 13-101 (g) of the 
MIDFA Act and a ''bona fide industrial project" as 
contemplated by Section 13-141 (c)(2) of the MIDFA 
Act, will consist of (a) the acquisition of an approxi- 
mately six acre tract of land located at 6401 Quad 
Avenue, in Baltimore City, including the building already 
existing thereon consisting of a factory and office space 
of approximately 103,000 square feet and warehouse 
space of approximately 28,000 square feet, (b) further 
improvement of such real property, (c) the acquisition 
and installation in such building of such machinery and 
equipment, and any or all other improvements therein, 
as may be necessary or useful in connection with the 
operation of the Lessee's business, and (d) the acquisi- 
tion of such other interests in land as may be necessary 
or suitable for the foregoing, including roads and rights 
of access, utilities and other necessary site preparation 
facilities, for use by M. R. Berlin Co., Inc., an Illinois 
corporation doing business in Maryland as Baltimore 
Tin Plate, Inc., and an "industrial project occupant" as 
contemplated by the MIDFA Act (the "Lessee"), as a 
steel service center in which it will acquire steel from 
domestic steel producing sources, and cut, sheer, and 
otherwise process such steel in accordance with its busi- 
ness needs; and 

Whereas, the Project and the proposed financing 
thereof have been submitted to MIDFA for approval 
at its February 26, 1981 meeting; and 

Whereas, because the Project will not be considered 
by MIDFA until after this Ordinance is submitted to 



184 ORDINANCES Ord. No. 258 

the City for pre-filing, the Applicant has requested the 
City to approve both a loan pursuant to the MIDFA Act 
and the issuance of industrial development revenue 
bonds pursuant to the Charter, in the alternative, it 
being understood that such financing may be accom- 
plished either pursuant to the MIDFA Act or the Char- 
ter, at the option of the Borrower, but not both; and 

Whereas, the Charter provides that, if the City should 
issue the Bonds pursuant to the Charter, the City may 
authorize and empower the Board of Finance of the 
City (the ''Board of Finance'*), by resolution, to deter- 
mine and set forth the form, terms, provisions, manner 
or method of issuing and selling (including negotiated 
as well as competitive bid sale), and the time or times 
of issuance, and any and all other details of the Bonds 
and the issuance and sale thereof, and to do any and 
all things necessary, proper or expedient in connection 
with the issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
CHARTER AND THE MIDFA ACT: 

Section 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the MIDFA Act, it is 
hereby found and determined as follows : 

(a) the financing of the acquisition of the Project will 
fulfill and accomplish the declared purposes of the MIDFA 
Act, which are to further industrial expansion in the State 
and discourage the relocation of industry outside the State, 
to increase employment, and to provide a larger taxable 
base for the economy of the State, resulting in new and 
expanded industrial enterprises to provide enlarged oppor- 
tunities for gainful employment by the people of the State, 
and thus to insure the preservation and betterment of the 
economy of the State; and, accordingly, it is in the best 
interests of the citizens of Baltimore City that the City 
participate in the financing of the acquisition of the 
Project; and 

(b) the Project is an "industrial project", as defined 
in Section 13-101 (g) of the MIDFA Act, and, as evidenced 
by the Letter of Intent, the funds to be borrowed by the 



ORDINANCES 185 

City to finance the acquisition (within the meaning of the 
MIDFA Act) of the Industrial Project will be utilized in 
connection with the acquisition (within the meaning of 
the MIDFA Act) of a ''bona fide industrial project", as 
mentioned in Section 13-141 (c)(2) of the MIDFA Act, 
for the use and benefit of the Borrower, a "prospective 
industrial project applicant", as mentioned in Section 13- 
141(c) (2) of the MIDFA Act, and the Lessee, an ''indus- 
trial project occupant", as contemplated by the MIDFA 
Act; and 

(c) the Borrower has exercised its option pursuant to 
Section 13-151 of the MIDFA Act to be a mortgagor (as 
defined in Section 13-101(1) of the MIDFA Act), and 
accordingly this Ordinance contemplates and authorizes a 
transaction in the form of a loan to the Borrower of the 
proceeds of the Note. 

Sec. 2. And be it further ordained, That acting pursuant 
to the Charter, it is hereby found and determined as 
follows : 

(1) the issuance and sale of the Bonds by the City 
pursuant to the Charter in order to make the proceeds 
thereof available to the Borrower for the sole and exclu- 
sive purpose of financing the costs of acquisition of the 
Project will facilitate and expedite the acquisition of the 
Project by the Borrower; and 

(2) the acquisition of the Project by the Borrower and 
the financing of the costs of such acquisition as provided 
in this Ordinance will serve to promote the general pur- 
poses contemplated by the Charter by (a) sustaining jobs 
and emplojonent in Baltimore City, (b) promoting eco- 
nomic development in Baltimore City, and (c) encourag- 
ing the increase of industry and a balanced economy in 
Baltimore City; and 

(3) any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or within the meaning of any other constitu- 



186 ORDINANCES Ord. No. 258 

tional, statutory or charter provision limiting or restrict- 
ing the sale or issuance of bonds, notes or other obligations 
of the City. All of the Bonds shall be limited obligations 
of the City, and shall be fully negotiable, payable, as to 
both principal and interest, solely from and secured solely 
by a pledge of (I) the revenues from or arising in con- 
nection with the Project, (II) the revenues from or arising 
in connection with any contracts, mortgages or other se- 
curities purchased or otherwise acquired with the pro- 
ceeds of the Bonds, (III) the contracts, mortgages or 
other securities purchased or otherwise acquired with the 
proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board of Finance may approve 
by a resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 3. And be it further ordained, That the City is 
hereby authorized and empowered to either (a) borrow 
from a ''mortgagee" (within the meaning of the MIDFA 
Act) (the "Mortgagee") a sum of money not to exceed 
$1,700,000, as evidenced by the Note, in accordance with 
the provisions of the MIDFA Act, or (b) issue and sell, 
at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon its 
full faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$1,700,000, all subject to the provisions of this Ordinance. 
The proceeds of the Bonds or the Note, as the case may be, 
will be made available to the Borrower for the sole and 
exclusive purpose of financing the costs of the acquisition 
of the Project. 

Sec. 4. And be it further ordained, That any Note issued 
pursuant to the MIDFA Act shall have a term of per- 
manent amortization not to exceed thirty (30) years, and 
shall bear interest at an annual rate or rates not to exceed 
the rate of 16% per annum, the actual rate of interest 
to be determined based on the **Bond Buyer's Index of 
20 Municipal Bonds" (as published weekly by The Daily 
Bond Buyer) at the time of such borrowing and approved 
by the Board of Estimates of the City (the "Board of 
Estimates") prior to such borrowing in accordance with 
the provisions of this Ordinance; provided, however, that 



ORDINANCES 187 

if at any time it is determined that the interest on the 
Note is includible in the gross income of the Mortgagee 
for federal income tax purposes, then the rate of interest 
on the Note may be doubled, but in no event shall the 
rate of interest on the Note exceed the annual rate of 
32 % per annum. 

Sec. 5. And be it further ordained, That, prior to the 
issuance, sale and delivery of any of the Bonds, as per- 
mitted by the Charter, the Board of Finance is hereby 
authorized and empowered, by a resolution or resolutions, 
to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 8 of this Ordi- 
nance, pursuant to a trust agreement or similar agree- 
ment, (ii) the form of any such trust agreement or similar 
agreement, as provided in the Charter, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board of Finance may deem reasonable and 
proper for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), un- 
der which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the acquisi- 
tion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 6. And he it further ordained, That prior to any 
borrowing by the City pursuant to the MIDFA Act, the 
terms and provisions and form and substance of any and 
all documents and instruments to be executed or entered 



188 ORDINANCES Ord. No. 258 

into by the City in connection with any such borrowing 
as authorized by this Ordinance, other than customary 
closing certificates and documents and financing state- 
ments, shall be approved by the Board of Estimates prior 
to the execution and delivery thereof by the Mayor of the 
City. 

Sec. 7. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to sell the Note 
or issue the Bonds, at the option of the Borrower, and the 
Mayor of the City is hereby authorized to accept the Letter 
of Intent on behalf of the City in order to further evidence 
the present intent of the City to sell the Note or issue the 
Bonds in accordance with the terms and provisions of this 
Ordinance. 

Sec. 8. And be it further ordained, That any and all 
Bonds issued pursuant to the Charter shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing power of the 
City, and shall not constitute a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitu- 
tion of Maryland or any other constitutional, statutory or 
charter provision limiting or restricting the sale or issu- 
ance of bonds, notes or other obligations of the City. All 
of the Bonds shall be limited obligations of the City, and 
shall be fully negotiable, payable, as to both principal and 
interest, solely from and secured solely by a pledge of (I) 
the revenues from or arising in connection with the Project, 
(II) the revenues from or arising in connection with any 
contracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of the Bonds, (III) the 
contracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of the Bonds, or (IV) 
any combination of (I), (II) or (III), all as the Board 
of Finance may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any 
of the Bonds. 

Sec. 9. And be it further ordained, That, in connection 
with any borrowing by the City pursuant to the MIDFA 
Act, notwithstanding anything contained in this Ordinance 
or in any document authorized herein to be executed, or 



ORDINANCES 189 

the execution and delivery of any document authorized 
herein, neither the faith and credit nor the taxing power 
of the City shall be deemed to be pledged hereby, and the 
City shall at no time be required to exercise its taxing 
power in order to implement the transactions authorized 
hereby. Nothing contained in this Ordinance shall be 
deemed or construed in any way to create or constitute a 
debt of the City within the meaning of any constitutional, 
statutory or other debt limitation provision, or to consti- 
tute any act or purpose other than that contemplated by 
the MIDFA Act. Neither the Note nor the interest thereon 
shall constitute an indebtedness or a charge against the 
general credit or taxing powers of the City, within the 
meaning of any constitutional or charter provision or 
statutory limitation, and neither shall ever constitute or 
give rise to any pecuniary liability of the City. 

Sec. 10. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 11. And he it further ordained, That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered, for the purpose of this 
Ordinance only: 

(a) To promote, make investigations, conduct pre- 
liminary negotiations, and do any and all other things 
necessary and proper to expedite the consummation of 
the transactions authorized by this Ordinance, all pursuant 
and subject to the provisions of the Charter of Baltimore 
City; and 



190 ORDINANCES Ord. No. 258 

(b) After the transactions authorized by this Ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and 
all other things necessary, proper or expedient to assure 
the full performance by the Borrower of any and all of 
the terms and provisions in any and all agreements en- 
tered into between the City and the Borrower, all of which 
shall be subject to the provisions of the Charter of Balti- 
more City. 

Sec. 12. And be it further ordained, That in connection 
with any borrowing pursuant to the MIDFA Act as de- 
scribed in this Ordinance, the Mayor and other appro- 
priate officials of the City of Baltimore are hereby author- 
ized and empowered to execute and to accept such docu- 
ments, instruments and certificates as are necessary or 
appropriate to evidence and secure the obligation of the 
Borrower to make payments to the City sufficient to pay 
the principal of and interest on the Note and to consum- 
mate such borrowing and the acquisition of the Project, 
including, but not limited to, any and all leases, loan agree- 
ments, financing agreements, mortgages, deeds of trust, 
notes, assignments, security agreements, consolidation 
agreements, and any and all necessary financing state- 
ments, the form and substance of all of which (other than 
financing statements and other customary closing certifi- 
cates and documents) shall be approved by the Board of 
Estimates as herein provided. 

Sec. 13. And be it further ordained, That any Bonds 
issued pursuant to the Charter shall be executed in the 
name of the City and on its behalf by the Mayor of the 
'City, by his manual or facsimile signature, and by the 
Director of Finance of the City, by his manual or facsimile 
signature, and the corporate seal of the City or a facsimile 
thereof shall be impressed or otherwise reproduced thereon 
and attested by the Custodian of the City Seal, by his 
manual signature. Except as provided in Section 14 hereof, 
any trust agreement or other documents as the Board of 
Finance shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds shall be executed in the 
name of the City and on its behalf by the Mayor of the 
City by his manual or facsimile signature, and the cor- 



ORDINANCES 191 

porate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by 
the Custodian of the City Seal by his manual signature. 
In case any officer whose signature or a facsimile of whose 
signature shall appear on the Bonds or any of the afore- 
said documents shall cease to be such officer before the 
delivery of the Bonds or any of the other aforesaid docu- 
ments, such signature or such facsimile shall nevertheless 
be valid and sufficient for all purposes, the same as if such 
officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custodian 
of the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things 
and execute such documents and certificates as the Board 
of Finance may determine by resolution to be necessary 
to carry out and comply with the provisions hereof. 

Sec. 14. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of the 
City or by the Chief, Bureau of Treasury Management of 
the City or by such other appropriate official of the City 
as may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 15. And he it further ordained, That the authority 
to issue the Note and the Bonds is intended and shall be 
deemed to include the authority to issue bond anticipation 
notes pursuant to Section 12 of Article 31 of the Annotated 
Code of Maryland (1976 Replacement Volume and 1980 
Cumulative Supplement), as amended (the "Bond Antici- 
pation Note Enabling Legislation''). Reference in this Or- 
dinance to the "Note" and to the "Bonds" shall include 
such bond anticipation notes where appropriate. Prior to 
the issuance, sale and delivery of any series of bond antici- 
pation notes, the Board of Finance shall adopt a resolution 
or resolutions which shall prescribe the maturity or ma- 
turities, interest rate or rates and other terms of such 
bond anticipation notes and the price or prices at which 
said notes will be sold. Such bond anticipation notes shall 
be sold by private negotiation by the City with a prospec- 
tive purchaser or purchasers, as authorized by Section 12 



192 ORDINANCES Ord. No. 258 

of the Bond Anticipation Note Enabling Legislation, un- 
less, upon request of the Borrower, such resolution or 
resolutions provides that such bond anticipation notes shall 
be sold at public sale. In accordance with the Bond Antici- 
pation Note Enabling Legislation, the City hereby cove- 
nants to pay any bond anticipation notes issued pursuant 
to this Section of this Ordinance and the interest thereon 
from the proceeds of the Note or the Bonds in anticipa- 
tion of the sale of which such notes are issued, and the 
City hereby further covenants to issue such Note or 
Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Note or the 
Bonds no longer exists. The timely issuance of such Note 
or Bonds, however, is dependent upon matters not within 
the control of the City, including (without limitation) the 
existence of a purchaser or purchasers for such Note or 
Bonds at the time the reason for deferring the issuance 
of the Note or the Bonds no longer exists and the effective- 
ness of various actions taken by the Borrower, its officers, 
agents and employees. 

Sec. 16. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutional- 
ity, or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 17. And he it further ordained, That the Note or 
the Bonds, as the case may be, must be issued and sold 
within six months from the date on which this Ordinance 
is approved by the Mayor of the City; provided, however, 
that (a) in the case of Bonds issued pursuant to the 
Charter, the Board of Finance, and (b) in the case of a 



ORDINANCES 193 

borrowing pursuant to the MIDFA Act, the Board of 
Estimates, after a showing of good cause at a public hear- 
ing held before such respective Board prior to or after 
the expiration of such six month period, may extend the 
period during which the Note or the Bonds may be issued 
and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. 
The Board of Finance or the Board of Estimates, as the 
case may be, in its sole discretion, and without action by 
the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested ex- 
tension of the six month period. If an extension is granted, 
notice of such extension and the reasons therefor must 
be sent to the City Council. To the extent that the Note 
or the Bonds are not issued and sold within twelve months 
from the date on which this Ordinance is approved by the 
Mayor of the City, the authority provided in this Ordi- 
nance for the City to issue and sell the Note and the Bonds 
shall expire. 

Sec. 18. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 259 
(Council No. 539) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS 
— JEROME M. SCHIAVINO 

FOR the purpose of authorizing and empowering the Mayor 
and City Council of Baltimore (the "City") to issue, sell 
and deliver, at any time or from time to time and in 
one or more series, its industrial development revenue 
bonds, as limited obligations of the City and not upon 



194 ORDINANCES Ord. No. 259 

its full faith and credit, to be designated ** Baltimore 
City, Maryland Industrial Development Revenue Bonds 
(Jerome M. Schiavino)", in the aggregate principal 
amount not to exceed $250,000 pursuant to the provi- 
sions of Sub-Section (50) of Article II of the Charter of 
Baltimore City (1964 Revision), as amended, for the 
sole and exclusive purpose of financing a portion of the 
costs of the acquisition of the real property and im- 
provements thereon known as 120 Oldham Street in Bal- 
timore City by Jerome M. Schiavino ("Schiavino"), the 
property to be leased to Serv-U, Inc., a Maryland cor- 
poration ("Serv-U'*) and used as its principal place of 
business; authorizing the Mayor of the City to accept, 
on behalf of the City, the letter of intent of Schiavino 
to the City dated January 9, 1981 ; making certain legis- 
lative findings; authorizing and empowering the Board 
of Finance of the City, prior to the issuance, sale and 
delivery of such bonds, to adopt a resolution pursuant 
to which the Board of Finance (a) shall prescribe, 
among other things but not limited to, the form, terms, 
provisions, manner or method of issuing and selling, and 
the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of such bonds ; authorizing the private 
(negotiated) sale of such bonds; and generally provid- 
ing for determining various matters and details in con- 
nection with the authorization, issuance, security, sale 
and payment of such bonds. 

RECITALS 

Sub-Section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision, as amended) (the '^Enabling 
Law"), empowers the Mayor and City Council of Balti- 
more (the "City") to issue revenue bonds and to use 
the proceeds of the sale of such revenue bonds to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of the City. Some of the gen- 
eral objectives of the City, contemplated by the Enabling 
Law, include (a) the relief of conditions of unemploy- 
ment in Baltimore City, (b) promoting the health, wel- 
fare and safety of the residents of Baltimore City, and 



ORDINANCES 195 

(c) promoting commercial and economic development in 
Baltimore City. 

The City has received a letter of intent dated January 
9, 1981 (the ''Letter of Intent*') from Jerome M. 
Schiavino (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the 
financing of the acquisition of the real property and 
improvements thereon known as 120 Oldham Street in 
Baltimore City (the "Project"), by the issuance and sale 
by the City of its industrial development revenue bonds 
in the aggregate principal amount not to exceed $250,000 
and by loaning the proceeds of the revenue bonds to the 
Borrower, upon the terms and conditions of a loan agree- 
ment to be entered into between the City and the Bor- 
rower (the "Loan Agreement"), as permitted by the 
Enabling Law (such loan being herein referred to as 
the "Loan"). 

The Project will consist generally of the acquisition 
of the real property and improvements thereon known 
as 120 Oldham Street in Baltimore City. Specifically, the 
proceeds of the revenue bonds will be used to finance a 
portion of the costs of (a) acquiring the real property 
and improvements thereon known as 120 Oldham Street 
in Baltimore City, and (b) paying the costs of issuance 
of the revenue bonds, including the expense of engraving 
and printing the revenue bonds, the official statement and 
other legal documents related thereto, advertising, legal 
and accounting fees and all other incidental expenses 
connected therewith. 

The Loan Agreement -vidll require the Borrower (a) 
to use the proceeds of the revenue bonds solely to finance 
the Project, and (b) to make Loan Payments which will 
be sufficient to enable the City to pay the principal of 
and interest and premium, if any, on the revenue bonds 
when and as the same shall become due and payable. 

As security for the revenue bonds, the City will enter 
into an Assignment and Security Agreement (the "As- 
signment") ^vith the original purchaser of the Bonds 
(the "Original Purchaser"). Pursuant to the Assign- 
ment, the City will assign to the Original Purchaser, its 
successors and assigns (among other things), (a) all 



196 ORDINANCES Ord. No. 259 

of the City's right, title and interest in and to any 
remedies under the Loan Agreement, including (without 
limitation) any and all collateral referred to therein, ex- 
cepting only the right of the City to indemnification by 
the Borrower and to payments to the City for expenses 
incurred by the City itself, (b) the receipts and revenues 
of the City from the Loan, (c) all right, title and 
interest in and to and remedies with respect to any 
and all other property of every description and nature 
from time to time by delivery or by writing of any kind 
conveyed, pledged, assigned or transferred, as and for 
additional security for the revenue bonds, by the City 
or by anyone on its behalf or with its written consent, 
to the Original Purchaser, its successors or assigns, and 
(d) all of the City's right, title and interest in and to 
and remedies under such other documents, including 
(without limitation) mortgages, deeds of trust, guaran- 
ties and security instruments, as the Board of Finance 
shall deem necessary to effectuate the issuance, sale and 
delivery of the revenue bonds and which the Board of 
Finance shall approve by a resolution (the "Resolution") 
to be adopted by the Board of Finance prior to the issu- 
ance, sale and delivery of any of the Bonds. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Cotmcil 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the revenue bonds by the 
City pursuant to the Enabling Law in order to lend the 
proceeds thereof to the Borrower for the sole and exclusive 
purpose of financing a portion of the costs of the Project 
will facilitate, enable and expedite the acquisition of the 
Project by the Borrower. 

(2) The acquisition of the Project by the Borrower 
and the financing thereof as provided in this Ordinance 
will serve to promote the general purposes contemplated 
by the Enabling Law by (a) sustaining and increasing 
jobs and employment in Baltimore City, thus relieving 



ORDINANXES 197 

conditions of unemplo\Tnent in Baltimore City; (b) pro- 
moting* the health, welfare and safety of the residents of 
Baltimore City; and (c) promoting commercial and eco- 
nomic development in Baltimore City. 

(3) Neither the revenue bonds nor the interest or 
premium, if any, thereon shall ever be general obligations 
of the City or constitute a pledge of or involve the faith 
and credit or the taxing powers of the City, and neither 
shall constitute a debt of the City within the meaning of 
Section 7 of Article XI of the Constitution of Maryland 
or within the meaning of any other constitutional or char- 
ter provision or statutoiy limitation, and neither shall ever 
constitute or give rise to any pecuniary liability of the 
City. The revenue bonds and the interest thereon shall be 
limited obligations of the City, repayable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower on account of the Loan and from any other 
moneys made available to the City for such purpose. The 
proceeds of the revenue bonds will be paid directly to 
the Borrower. Payments of the principal of and premium 
(if any) and interest on the Loan \vill be paid by the 
Borrower to the Original Purchaser, its successors and as- 
signs, as provided in the Assignment to be approved by 
the Board of Finance in the Resolution. No such moneys 
will be commingled with the City's funds or will be subject 
to the absolute control of the City, but will be subject 
only to such limited supervision and checks as are deemed 
necessary or desirable by the City to insure that the pro- 
ceeds of the revenue bonds are used to accomplish the 
public purposes of the Enabling Law and this Ordinance. 
The transaction authorized hereunder shall in no event 
constitute a capital project within the meaning of any 
charter or statutoiy provision. The public purposes ex- 
pressed in the Enabling Law are to be achieved by facilitat- 
ing, enabling and expediting the demolition and construc- 
tion of the Project by the Borrower. 

(4) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 



198 ORDINANCES Ord. No. 259 

any lien and security interest created by the Loan Agree- 
ment, and (c) any interest created by any other mortgage 
or deed of trust or other security instrument executed and 
delivered by the Borrower or any third party as security 
for the Loan or the revenue bonds as the Board of Finance 
may provide for and approve in the Resolution. The se- 
curity for the revenue bonds shall be solely and exclusively 
(a) the absolute, irrevocable and unconditional obligation 
of the Borrower to make the payments required by the 
Loan Agreement, (b) moneys realized from the liquidation 
of any lien and security interest created by the Loan 
Agreement and of any other lien or security interest cre- 
ated with respect to any property as security for the 
Loan or the revenue bonds, as the Board of Finance may 
provide for and approve in the Resolution, and (c) moneys 
realized from any guaranty of the revenue bonds or of 
the Loan as the Board of Finance may provide for and 
approve in the Resolution. 

(5) The Borrower shall covenant and agree in the 
Loan Agreement to properly operate and maintain the 
Project during the time any of the revenue bonds are out- 
standing. Such covenant and agreement shall include a 
specific undertaking by the Borrower to make all replace- 
ments and repairs necessary to insure that the security 
for the revenue bonds shall not be impaired. 

(6) The best interests of the City will be served by 
selling the revenue bonds at private (negotiated) sale, as 
authorized by the Enabling Law, upon terms and conditions 
approved by the Board of Finance in the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and deliver, 
as limited obligations of the City and not upon its full 
faith and credit, its Baltimore City, Maryland Industrial 
Development Revenue Bonds (Jerome M. Schiavino Proj- 
ect), in the aggregate principal amount not to exceed 
$250,000 (the ''Bonds''), subject to the provisions of this 
Ordinance. The proceeds of the Bonds will be loaned to 
the Borrower pursuant to the terms and provisions of the 
Loan Agreement, to be used by the Borrower for the sole 
and exclusive purpose of financing a portion of the costs 
of the Project. The Bonds and the interest thereon shall 



ORDINAN'CES 199 

be limited obligations of the City, repayable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower pursuant to the Loan Agreement and from any 
other moneys made available to the City for such purpose. 
The security for the Bonds shall be solely and exclusively 
as provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the binding commitment of the City to issue 
the Bonds, and the Mayor of the City is hereby authorized 
to accept the Letter of Intent on behalf of the City in 
order to further evidence the binding commitment of the 
City to issue the Bonds in accordance with the terms and 
provisions of this Ordinance. 

Sec. 4. And he it further ordained, Tliat each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bonds (Jerome 
M. Schiavino Project)", provided, that the descriptive 
title may contain such other descriptive information as 
the Board of Finance may prescribe in the Resolution 
(e.g. "1981 Series"). The Bonds shall bear interest at the 
rate or rates of interest to be determined by negotiation 
with the Original Purchaser of the Bonds and to be ap- 
proved and prescribed by the Board of Finance in the 
Resolution. 

Sec. 5. And he it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board of 
Finance may approve in the Resolution. 

Sec. 6. And he it further ordained, That the Bonds shall 
be executed in the name of the City and on its behalf 
by the Mayor of the City, by his manual or facsimile sig- 
nature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
othenvise reproduced thereon and attested by the Cus- 
todian or the Alternate Custodian of the City Seal, by his 
manual signature. The Loan Agreement, the Assignment 



200 ORDINANCES Ord. No. 259 

and, where applicable, all other documents as the Board 
of Finance shall deem necessary to effectuate the issuance, 
sale and delivery of the Bonds, shall be executed in the 
name of the City and on its behalf by the Mayor of the 
City by his manual signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Cus- 
todian or the Alternate Custodian of the City Seal by his 
manual signature. In case any officer whose signature or 
a facsimile of whose signature shall appear on the Bonds 
or any of the aforesaid documents shall cease to be such 
officer before the delivery of the Bonds or any of the other 
aforesaid documents, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, 
the same as if such officer had remained in office until 
delivery. The Mayor of the City, the Director of Finance 
of the City, the Custodian or the Alternate Custodian of 
the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things 
and execute such documents and certificates as the Board 
of Finance may determine in the Resolution to be necessary 
to carry out and comply with the provisions hereof. 

Sec. 7. And he it further ordained, That the Bonds shall 
be executed, issued and delivered at any time or from 
time to time in one or more series and in such amount 
or amounts not exceeding, in the aggregate, the principal 
amount of $250,000, as the Board of Finance shall pre- 
scribe in the Resolution. 

Sec. 8. And he it further ordained, That the Bonds shall 
be dated, shall be in such denominations, shall be of such 
form and tenor, and shall be payable in such amounts at 
such times not exceeding 15 years from the first day of 
the first month immediately following the date thereof 
and at such place or places as the Board of Finance shall 
prescribe in the Resolution. 

Sec. 9. And he it further ordained, That the Bonds may 
be subject to redemption prior to their stated maturities 
upon such other terms and conditions as the Board of Fi- 
nance shall prescribe in the Resolution. 



ORDINANCES 201 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of the Bonds, the Board of 
Finance shall adopt the Resolution pursuant to which the 
Board of Finance shall : 

(a) prescribe the form, tenor, terms, provisions and 
conditions of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of 
interest, denominations, date, actual maturity or maturities 
(within the limits herein prescribed), and the place or 
places of payment of the Bonds, and the terms and condi- 
tions and details under which the Bonds may be called 
for redemption prior to their stated maturities ; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Assignment, and (iii) such other 
documents, including (without limitation) mortgages, 
deeds of trust, guaranties and security instruments as the 
Board of Finance shall deem necessary to approve in order 
to effectuate the issuance, sale and delivery of the Bonds ; 

(d) determine the time of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other de- 
tails of the Bonds ; 

(e) provide for the direct payment by the Borrower 
of all costs, fees and expenses incurred by or on behalf 
of the City in connection with the issuance, sale and de- 
livery of the Bonds, including (without limitation) costs 
of printing (if any) and issuing the bonds, legal expenses 
and compensation to any person (other than full time 
employees of the City) performing services by or on be- 
half of the City in connection therewith; and 

(f) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And be it further ordained, That the Loan 
Agreement and the Assignment shall contain such terms, 
provisions and conditions, not inconsistent with the En- 
abling Law and the provisions of this Ordinance, as the 
Board of Finance shall approve in the Resolution. 



202 ORDINANCES Ord. No. 259 

Sec. 12. And he it further ordained, That, as authorized 
by the Enabling Law, the Bonds shall be sold at private 
(negotiated) sale upon such terms and conditions and shall 
be approved by the Board of Finance in the Resolution. 

Sec. 13. And he it further ordained, That neither the 
Bonds nor the interest or premium, if any, thereon shall 
ever be general obligations of the City or constitute a 
pledge or involve the faith and credit or the taxing powers 
of the City, and neither shall constitute a debt of the City 
\^n[thin the meaning of Section 7 of Article XI of the 
Maryland Constitution or any other constitutional or char- 
ter provision or statutory limitation, and neither shall 
ever constitute or give rise to any pecuniary liability on 
the part of the City. The Bonds, and the interest and 
premium, if any, thereon, shall be limited obligations of 
the City, the principal of and interest and premium (if 
any) on which Bonds shall be payable by the City solely 
from the revenue derived from Loan repayments (both 
principal and interest) made to the City by the Borrower 
on account of the Loan and, to the extent provided by the 
Board of Finance in the Resolution, from the proceeds of 
the Bonds, and from any other moneys made available to 
the City for such purpose. The proceeds of the Bonds will 
be paid directly to the Borrower. The payments to be 
made by the Borrower pursuant to the Loan Agreement 
will be paid directly to the Original Purchaser, its suc- 
cessors or assigns as provided in the Assignment to be 
approved by the Board of Finance in the Resolution. No 
such moneys will be commingled with the City's funds or 
will be subject to the absolute control of the City, but 
will be subject only to such limited supervision and checks 
as are deemed necessary or desirable by the City to insure 
that the proceeds of the Bonds are used to accomplish the 
public purposes of the Enabling Law and this Ordinance. 

Sec. 14. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Assign- 
ment to be approved by the Board of Finance shall, set 
aside and pledge the income and revenue under the Loan 
Agreement (other than payments to the City for indemni- 



ORDINANCES 203 

fication or to reimburse the City for expenses incurred 
by the City itself) to the Original Purchaser, its successors 
and assigns, to be used and applied for the payment of 
the principal or and interest on the Bonds. Pursuant to 
the terms of the Loan Agreement, to be approved by the 
Board of Finance in the Resolution, payments sufficient 
for the prompt payment when due of the principal of, 
premium, if any, and interest on the Bonds are to be paid 
by the Borrower to the Original Purchaser, its successors 
and assigns, for the account of the City and such payments 
shall be assigned by the City to the Original Purchaser, 
its successors and assigns, as provided in the Assignment. 

Sec. 15. And he it ftirther ordained, That pursuant to 
the Enabling Law, the Bonds and their transfer, and the 
principal and interest payable thereon (including any 
profit made in the sale thereof) shall be and remain ex- 
empt from any and all state, county and municipal taxa- 
tion in the State of Maryland. 

Sec. 16. And he it further ordained, That the Board of 
Finance is hereby authorized and empowered to adopt 
resolutions from time to time to supplement the Resolution 
and to approve by such resolutions, supplements or amend- 
ments to or substitutes for the Bonds, the Assignment, 
the Loan Agreement and the other documents to be ap- 
proved by the Board of Finance in the Resolution, pro- 
vided that each such supplemental resolution and each 
such supplement, amendment or substitute shall be in 
accord with the provisions of the Enabling Law and this 
Ordinance. Such supplements, amendments and substitutes 
may include, without limitation, an alteration in the rate 
or rates of interest payable on the bonds and the loan, an 
adjustment in the terms of payment of the Bonds and 
the Loan and, within the limits authorized by this Ordi- 
nance, the issuance of one or more additional series of 
bonds. (If the supplemental resolution provides for the 
Issuance of an additional series of bonds, it shall be deemed 
to be part of the Resolution for the purposes of this 
Ordinance to the extent applicable.) All such supplements, 
amendments and substitutes and all documents necessary 
to effectuate such supplements, amendments and substitu- 
tions shall be executed in the name of the City and on its 



204 ORDINANCES Ord. No. 259 

behalf by the Mayor of the City by his manual signature, 
and the corporate seal of the City or a facsimile thereof 
shall be impressed or otherwise reproduced thereon and 
attested by the Custodian or the Alternate Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on any of such amendments, substitutes or other 
documents shall cease to be such officer before the delivery 
thereof, such signature, or such facsimile shall neverthe- 
less be valid and sufficient for all purposes, the same as if 
such officer had remained in office until delivery. The 
Mayor of the City, the Director of Finance of the City, 
the Custodian or the Alternate Custodian of the City Seal 
and other officials of the City are hereby authorized and 
empowered to do all such acts and things and execute such 
documents and certificates as the Board of Finance may 
determine in any such supplemental resolution to be neces- 
sary to carry out and comply with the provisions hereof. 

Sec. 17. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, 
or parts of this Ordinance or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof ai^e inapplicable had been 
specifically exempted herefrom. 

Sec. 18. And be it further ordained, That, if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided, 
however, that the Board of Finance may, after a showing 
of good cause at a public hearing held before the Board 
of Finance, extend such authorization for one additional 



ORDINANCES 205 

term not to exceed six months. The Board of Finance, in 
its sole discretion, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested ex- 
tension of this Ordinance. If an extension is granted, 
notice of such extension and the reasons therefor must be 
sent to the City Council. To the extent that the Bonds are 
not issued and sold within twelve (12) months from the 
date on which this Ordinance is approved by the Mayor 
of the City, the authority provided in this Ordinance for 
the City to issue and sell the Bonds shall expire. 

Sec. 19. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved March 17, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 260 
(Council No. 426) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOSPITALS 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Eighty-nine Thou- 
sand Six Hundred Ninety-five Dollars ($89,695) to the 
Department of Hospitals to be used for energy conserva- 
tion modifications to buildings and building equipment. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1981 Ordinance of Estimates ; and 



206 ORDINANCES Ord. No. 260 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the said recommendation hav- 
ing been made at a regular meeting of said Board held on 
the 5th day of November, 1980, all in accordance with 
Article VI, Section 2(h) (2) of the Baltimore City Charter 
(1964 Revision as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Eighty-nine Thousand Six 
Hundred Ninety-five Dollars ($89,695) shall be made avail- 
able to the Department of Hospitals of the City of Balti- 
more as a supplementary special fund appropriation for 
the fiscal year ending June 30, 1981 for the purpose of 
energy conservation modifications to buildings and building 
equipment. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the U.S. Department of Energy, said sum being 
specifically allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said funds from said 
U.S. Department of Energy shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2 of the Baltimore City Char- 
ter (1964 Revision as amended). 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 23, 1961. 

WILLIAM DONALD SCHAEFER, Mayor, 



ORDINANCES 207 

No. 261 
(Council No. 454) 

AN ORDINANCE concerning 

URBAN RENEWAL— GREENMOUNT WEST- 
AMENDMENT NO. 1 

FOR the purpose of amending the Urban Renewal Plan for 
Greenmount West to, among other things, (1) expand 
the boundary of the project to include the west side of 
Calvert Street; (2) authorize the acquisition of certain 
properties by the Mayor and City Council of Baltimore; 
(3) modify the lot lines of certain existing disposition 
lots, create new disposition lots, and indicate utility 
easements; (4) provide corresponding standards and 
controls for newly created disposition lots and revise 
standards and controls of certain existing disposition 
lots; (5) make certain land use changes and revise the 
language in the Plan regarding permitted uses; (6) re- 
vise language concerning Duration of Provisions in the 
Plan text; (7) recommend zoning district changes and 
provide that the approval of Amendment No. 1 shall not 
be construed as an enactment of said amendments to the 
Zoning Ordinance of Baltimore City as are proposed; 
(8) prohibit sandblasting as a means of cleaning ma- 
sonry facades on all properties in Greenmount West and 
provide a penalty for violation of this provision; (9) 
revise and/or delete certain Appendices and Exhibits 
attached to the Urban Renewal Plan to reflect changes 
proposed in Amendment No. 1; (10) waive such re- 
quirements, if any, as to content or procedure for the 
preparation, adoption, and approval of renewal plans as 
set forth in Article 13 of the Baltimore City Code (1976 
Edition, as amended) which the Urban Renewal Plan 
for Greenmount West may not meet; (11) provide for 
the separability of the various parts and the applications 
of this ordinance; (12) provide that where the provi- 
sions of this ordinance shall conflict with any other ordi- 
nance, code or regulation in force in the City of Balti- 
more, the provision which establishes the higher stand- 
ard shall prevail; (13) provide for an effective date 
hereof. 



208 ORDINANCES Ord. No. 261 

Whereas, an Urban Renewal Plan for Greenmount West 
was originally approved by the Mayor and City Council of 
Baltimore by Ordinance No. 699, dated April 17, 1978 ; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change 
or changes shall be made in any renewal plan, after ap- 
proval by ordinance, without such change or changes first 
being adopted and approved in the same manner as set 
forth in said Article 13 for the approval of a renewal plan, 
namely the preparation of such change or changes by the 
Department of Housing and Community Development, the 
approval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner 
set forth in said Article 13 ; and 

Whereas, extensive changes in the Urban Renewal Plan 
make it inf easible to make line-by-line changes ; therefore, 
the Department of Housing and Community Development 
has prepared an amended Urban Renewal Plan for Green- 
mount West ; and 

Whereas, said amended Urban Renewal Plan for Green- 
mount West has been approved by the Department of 
Planning with respect to its conformity as to the Master 
Plan, the detailed location of any public improvements 
proposed in the amended Renewal Plan, its conformity to 
the rules and regulations for subdivisions, and all zoning 
changes proposed in the amended Renewal Plan; and said 
amended Renewal Plan has been approved and recom- 
mended to the Mayor and City Council of Baltimore by the 
Commissioner of the Department of Housing and Commu- 
nity Development ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Urban Renewal Plan for 
Greenmount West, identified as "Urban Renewal Plan, 
Greenmount West . . . revised to include Amendment No. 1, 
dated October 1, 1980 AND REVISED MARCH 2, 1981", 
is hereby approved and the Clerk of the City Council is 
hereby directed to file a copy of said amended Urban Re- 
newal Plan with the Department of Legislative Reference 



ORDINANCES 209 

as a permanent public record and make the same available 
to public inspection and information. 

Sec. 2. And be it further ordained, That the boundaries 
of the Greenmount West Urban Renewal Area shall be 
revised to include the west side of Calvert Street; there- 
fore, Section 1 of Ordinance No. 699, approved April 17, 
1978, is hereby amended to read as follows: 

Beginning for the same at the intersection of the west 
side of Calvert Street with the south side of [North Ave- 
nue;] Federal Street; thence binding on the south side of 
Federal Street northwesterly to intersect the west side of 
Hargrove Alley; thence binding on the west side of Har- 
grove Alley northerly to intersect the south side of Trenton 
Street; thence binding on the south side of Trenton Street 
westerly to intersect the east side of St, Paul Street; 
thence binding on the east side of St. Paul Street northerly 
to intersect the south side of North Avenue; thence bind- 
ing on the south side of North Avenue easterly, crossing 
Calvert Street, Guilford Avenue, Barclay Street, Brent- 
wood Avenue, and Greenmount Avenue to intersect the 
east side of Greenmount Avenue; thence binding on the 
east side of Greenmount Avenue southerly to intersect 
the north side of Hoffman Street; thence crossing Green- 
mount Avenue and continuing on the north boundary 
line of the main line o^ Pennsylvania Railroad right-of- 
way westerly to intersect the southwest side of Lot No. 
32/34, Ward 12, Section 10, Block 1128; thence continuing 
northwesterly and westerly and binding on the end of 
Belvidere Street, north boundary of Lot No. 53, Ward 12, 
Section 10, Block 1128, to intersect the south side of East 
Oliver Street; thence binding on the south side of East 
Oliver Street westerly, crossing Guilford Avenue to the 
west side of Guilford Avenue; thence binding on the west 
side of Guilford Avenue northerly to intersect the south 
property line of Lot No. 1, Ward 12, Section 10, Block 
446; thence continuing northwesterly and binding on the 
north boundary of Lot No. 2, in Ward 12, Section 10, 
Block 446 and continuing, crossing Calvert Street to the 
west side of Calvert Street; thence binding on the west 
side of Calvert Street northerly [and crossing Federal 
Street, Lanvale Street, Lafayette Avenue, and Trenton 
Street] to the point of beginning. 



210 ORDINANCES Ord. No. 261 

Sec. 3. And be it further ordained, That it is necessary 
to acquire, by purchase of OR by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to certain properties or portions thereof, 
together with all right, title, interest and estate that the 
owner or owners of said property interests may have in 
all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 
the perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows: 

1606 Barclay Street 
1610 Barclay Street 
1708 Barclay Street 
1718 Barclay Street 
1725 Barclay Street 
1727 Barclay Street 

330 Federal Street 

1700 Greenmount Avenue 
1702 Greenmount Avenue 
1704 Greenmount Avenue 
1706 Greenmount Avenue 

1708 Greenmount Avenue 
1710 Greenmount Avenue 

1706 Guilford Avenue 

1709 Guilford Avenue 

1710 Guilford Avenue 
1712 Guilford Avenue 
1716 Guilford Avenue 
1718 Guilford Avenue 
1720 Guilford Avenue 
1727 Guilford Avenue 
1734 Guilford Avenue 
1802 Guilford Avenue 
1804 Guilford Avenue 
1808 Guilford Avenue 
1810 Guilford Avenue 

1720 Hunter Street 

211 E. Lafayette Avenue 
219 E. Lafayette Avenue 



ORDINANCES 211 

223 E. Lafayette Avenue 

231 E. Lafayette Avenue 

235 E. Lafayette Avenue 

237 E. Lafayette Avenue 

316 E. Lafayette Avenue 

320 E. Lafayette Avenue 
323 E. Lafayette Avenue 
424 E. Lafayette Avenue 

431 E. Lafayette Avenue 

302 E. Lanvale Street 

321 E. Lanvale Street 

301 E. North Avenue 

303 E. North Avenue 
305 E. North Avenue 
307 E. North Avenue 

401 Pitman Place 
406 Pitman Place 
408 Pitman Place 
411 Pitman Place 
419 Pitman Place 
421 Pitman Place 
423 Pitman Place 

432 Pitman Place 
434 Pitman Place 
441 Pitman Place 
454 Pitman Place 

Sec. 4. And he it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comp- 
troller, or such person or persons and in such manner 
as the Board of Estimates, in the exercise of the power 
vested in it by Article V, Section 5, of the Baltimore City 
Charter, may hereafter from time to time designate, is or 
are authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in 
this ordinance the fee simple interest or any lesser interest 
in and to the properties or portions thereof hereinabove 
mentioned. If the said Real Estate Acquisition Division 
of the Department of the Comptroller, or such person or 
persons, and in such manner as the Board of Estimates 
in the exercise of the power vested in it by Article V, 



212 ORDINANCES Ord. No. 261 

Section 5 of the Baltimore City Charter may hereafter 
from time to time designate, is or are unable to agree with 
the owner or owners on the purchase price for said prop- 
erties or portions thereof, it or they shall forthwith notify 
the City Solicitor of Baltimore City, who shall thereupon 
institute in the name of the Mayor and City Council of 
Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest 
in and to said properties or portions thereof. 

Sec. 5. And be it further ordained. That the boundaries 
of certain existing disposition lots shall be modified, new 
disposition lots shall be created, and utility easements 
shsJl be designated, all as shown in the amended Urban 
Eenefwal Plan on Exhibit 3, Land Disposition Map, dated 
as revised 10/1/80. 

Sec. 6. And he it further ordained, That the revised 
standards and controls for certain existing disposition Jots 
and the added standards and controls for newly created 
disposition lots, as contained in the amended Urban Re- 
newal Plan under Section B.2.a., Provisions Applicable to 
All Land and Property to be Acquired, dated as revised 
10/1/80, are hereby approved. 

Sec. 7. And he it further ordained. That the proposed 
land use changes shown in the amended Urban Renewal 
Plan on Exhibit 1, Land Use Plan Map, dated as revised 
10/1/8Q 3/2/81. and the language in the Urban Renewal 
Plan under Section B.I., Permitted Uses, AS REVISED— 
3/2/81, are hereby approved. 

Sec. 8. And he it further ordained, That tiie revised 
language concerning Duration of Provisions and Require- 
ments under Section D., as contained in the amended Urban 
Renewal Plan, is hereby approved. 

Sec. 9. And he it further ordained, That the approval of 
Amendment No. 1 to the Urban Renewal Plan for Green- 
mount West shall not be construed as an enactment of 
the amendments to the Zoning Ordinance of Baltimore 
City that are proposed in said Amendment No. 1, a^ shown 



ofiiHNiiLairGEs; 213 



fmrfOksr <c- 



: i::h:z:75 ^V an: 



^ i^-r.^ xu.. 1 'Jw. 



.11 iJiv^j-i;!' 



214 ORDINANCES Ord. No. 262 

be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part, or the appli- 
cation thereof so held invalid. 

Sec. 15. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision 
of this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall 
prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the 
extent that it may be found in conflict with this ordinance. 

Sec. 16. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 262 

(Council No. 511) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the properties located at 1601 to 1635 



ORDINANCES 215 

Brunt Street, 533 and 535 Wilson Court and the Rear 
Partial Acquisition Parcel, 10 feet more or less, of 1608 
Brunt Street, as outlined in red on the plats accompany- 
ing this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 6.3-lb and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That peimission is hereby granted for the es- 
tablishment, maintenance and operation of an open off-street 
parking area on the properties located at 1601 to 1635 
Brunt Street, 533 and 535 Wilson Court and the Rear Par- 
tial Acquisition Parcel, 10 feet more or less, of 1608 
Brunt Street, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 6.3-lb and 
11.0-6d of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning". 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the (Commissioner of 
the Department of Housing and Community Development 
and the Zoning Administrator. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



216 ORDINANCES Ord. No. 263 

No. 263 

(Council No. 553) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF LEGISLATIVE REFERENCE 

FOR the purpose of providing a supplementary special 
fund appropriation in the amount of Twenty-Two Thou- 
sand Dollars ($22,000) to the Department of Legislative 
Reference to be used for a survey of historical records 
of Baltimore's Municipal Government. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(2) 

Baltimore City Charter (1964 Revision, as amended) 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
fiscal 1981 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, the said recommendation hav- 
ing been made at a regular meeting of said Board held on 
the 4th day of March, 1981, all in accordance with Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision, as amended) . 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Twenty-Two Thousand Dollars 
($22,000) shall be made available to the Department of 
Legislative Reference of the City of Baltimore as a sup- 
plementary special fund appropriation for the fiscal year 
ending June 80, 1981 for the purpose of a survey of his- 
torical records of Baltimore's Municipal Government. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 



ORDINANCES 217 

to the Mayor and City Council of Baltimore by the U.S. 
General Sei-vices Administration, said sum being specifi- 
cally allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose; and said funds from said U.S. 
General Services Administration shall be the source of reve- 
nue for this supplementaiy special fund appropriation, as 
required by Article VI, Section 2 of the Baltimore City 
Charter (1964 Revision, as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 26. 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 264 
(Council No. 404) 

AN ORDINANCE concerning 

5712 ROLAND AVENUE — P.U.D. 

FOR the pui^Dose of appro\ing the application of Visitation 
Limited Partnership to have the property kno\\Ti as 5712 
Roland Avenue, Baltimore City, Maryland located south 
of Bellemore Road and west of Roland Avenue, as out- 
lined on the plats accompanying this ordinance, desig- 
nated a Residential Planned Development in accordance 
with Sections 12.0-1 and 12.0-2 of Article 80 of the 
Baltimore City Code (1979 Edition), and to approve the 
development plan submitted by Visitation Limited 
Partnership. 

Whereas, on September 23, 1980, Visitation Limited 
Partnership, of Baltimore City, met ^vith the Director of 
Planning, the designated officer of the Planning Commis- 
sion of Baltimore City, to hold a Pre-petition Conference 
to explain the scope and nature of existing and proposed 
development on the property in order to institute proceed- 



218 ORDINANCES Ord. No. 264 

ings to have said property designated a Residential Planned 
Development; and 

Whereas, together herewith Visitation Limited Partner- 
ship made formal application to the City Council of Bal- 
timore City and has submitted requisite development plan 
to include these requirements specified in Sections 12.0-1 
and 12.0-2 of Article 30 of the Code (1979 Edition), in- 
cluding, without limitation, (i) a letter of introduction and 
organization to the Mayor & City Council dated October 
10, 1980, (ii) a plan entitled P.U.D. — SITE PLAN 
which includes the topographical and boundary line map, 
the patterns of all proposed roadways, the size, arrange- 
ment and location of all lots, and the proposed landscaping 
of the property, and (iii) a full plan of all structures to be 
located on the property, now therefore 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the application of Visitation Limited 
Partnership to designate the property located south of 
Bellemore Road and west of Roland Avenue, as outlined 
on the plats accompanying this ordinance, a Residential 
Planned Development pursuant to Article 30, Sections 
12.0-1 and 12.0-2 of the Baltimore City Code (1979 Edi- 
tion), be and it is hereby approved. 

Sec. 2. And he it further ordained, That the Develop- 
ment Plan and other documents referenced in the recital 
paragraphs hereinabove submitted by Visitation Limited 
Partnership, attached hereto and made a part hereof, be 
and are hereby approved. 

Sec. 3. And he it further ordained, That subsequent to 
the passage of this Ordinance by the City Council, all 
changes in the approved plan for the development of the 
property shall be reviewed and approved by the Planning 
Commission for insurance of such changes consistent with 
this ordinance. 

Sec. 4. And he it further ordained, That upon passage 
of this Ordinance by the City Council, as evidence of the 
authenticity of each set of plans which is a part hereof, 
and approved hereby, and in order to give notice to the 
departments which are administering the Zoning Ordi- 
nance, said set of plans shall be signed by the President 



ORDINANCES 219 

of the City Council, and, upon approval of the ordinance 
by the Mayor, said sets of plans shall be signed by the 
Mayor of the City of Baltimore, and the City Treasurer 
shall transmit a copy of the Ordinance and one set of 
plans to the Board of Municipal and Zoning Appeals, a 
copy of the ordinance and one set of plans to the Planning 
Commission, and a copy of the ordinance and one set of 
plans to the Zoning Administrator of Baltimore City. 

Sec. 5. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 31, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 265 

(Council No. 344) 

AN ORDINANCE concerning 

COMMUNITY COLLEGE OF BALTIMORE 
SCHOLARSHIPS 

FOR the purpose of authorizing the appointment of part - 
HALF-time students TO RECEIVE SCHOLARSHIPS. 

BY repealing and reordaining with amendments 
Article 24 — Schools 
Section — 6 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 6 of Article 24 of the Baltimore 
City Code (1976 Edition, as amended), be amended IS 
HEREBY REPEALED AND REORDAINED to read as 
follows : 

ARTICLE 24— SCHOOLS 

Community College of Baltimore 
6. 

(1) There is hereby established a program of City 
scholarships for students enrolled as [regular] full-time or 



220 ORDINANCES Ord. No. 265 

part - time HALF-TIME students at the Community College 
of Baltimore. [Beginning for] For the academic year 1960 
1969-1970, and in accordance with the provisions of sub- 
section (2) of this Section, the Mayor may appoint three 
(3) students, the President of the City Council and the 
Comptroller may each appoint two (2) students and each 
member of the City Council may appoint one (1) student, 
to be educated by the Community College of Baltimore free 
of charge for tuition for one (1) academic year (two (2) 
semesters). [Beginning for] For the academic year 1970- 
1971 and each year thereafter the Mayor may appoint a 
total of live (5) full-time students, the President of the 
City Council and the Comptroller may each appoint a total 
of three (3) full-time students and each member of the 
City Council may appoint a total of two (2) full-time stu- 
dents, all in accordance with the provisions of subsection 
(2) of this Section. Any such appointment may be a new 
appointment or may be a reappointment, in the discretion 
of the appointing official. 

(2) Any scholarship to be awarded or renewed accord- 
ing to the provisions of this Section shall be awarded only 
to an applicant who has met the following conditions: (a) 
that he shall be, at the time of the appointment, a resident 
of the City of Baltimore; (b) that he shall have been 
accepted for admission or continuance as a [regular] 
full-time or ^m4- HALF-time student to the Community 
College of Baltimore; and, (c) that his sponsor has satis- 
fied himself that the applicant has need for financial as- 
sistance in order to attend college. 

(3) F^ FOR THE ACADEMIC YEAR 1980-1981 
AND EACH YEAR THEREAFTER, FOR any of the ap- 
pointments provided above, the number of part - time 
HALF-TIME students equivalent in terms of tuition may 
be substituted for a full-time student. 

[(3)] (Ji^) In case of a vacancy for any reason among 
any such appointments, the President of the Community 
College of Baltimore shall promptly notify the official en- 
titled to make any such appointment, who is then entitled 
to fill the vacancy by awarding the scholarship to another 
applicant who meets the qualifications listed in subsection 
(2). 



ORDINANCES 221 

C(4)] (5) The value of the tuition scholarship granted 
under the provisions of this Section shall not be deducted 
from the appropriation payable out of the City's general 
funds for the City's share of the cost of supporting the 
Community College of Baltimore. The scholai^hips granted 
hereunder shall not serve to relieve the State of Maryland 
or any other third party of its contribution to the cost 
of operating the Community College of Baltimore. 

1(5)1 (6) The Board of Trustees of the Community 
College of Baltimore are hereby empowered to adopt and 
promulgate such reasonable rules and regulations pertain- 
ing to the tuition scholarship program established under 
this Section as are necessary and convenient for the ad- 
ministration of the program. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved April 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 266 
(Council No. 490) 

AN ORDINANCE concerning 

CITY STREET — OPENING CERTAIN STREETS AND 
ALLEYS LYING WITHIN THE MID-TOWN 
BELVEDERE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and opening (1) a 10 
foot alley, laid out 45 feet west of Lovegrove Street, 
20 feet wide, and extending from Preston Street, Q& 
feet wide, Southerly 140 feet, more or less, to the end 
thereof and (2) a 20 foot alley, laid out 120 feet south 
of Preston Street, 66 feet wide, and extending from 
Lovegrove Street, 20 feet wide, Westerly 45 feet, more 
or less, to a 10 foot alley and lying ^vithin the area of 
the Mid-To\vn Belvedere Urban Renewal Project in ac- 



222 ORDINANCES Ord. No. 266 

cordance with a plat thereof numbered 338-A-16, pre- 
pared by the Surveys and Records Division and filed 
in the Office of the Department of Public Works, on the 
Nineteenth (19th) day of November, 1980. 

BY authority of 
Article I — General Provisions 
Section 4 

Article II — General Provisions 
Sections 2, 34, 35 
Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and open (1) a 10 foot alley, laid out 45 feet west of 
Lovegrove Street, 20 feet wide, and extending from Preston 
Street, 66 feet wide. Southerly 140 feet, more or less, to 
the end thereof and (2) a 20 foot alley, laid out 120 feet 
south of Preston Street, 66 feet wide, and extending from 
Lovegrove Street, 20 feet wide. Westerly 45 feet, more or 
less, to a 10 foot alley and lying within the area of the 
Mid-Town Belvedere Urban Renewal .Project the alleys 
hereby directed to be condemned for said opening being 
described as follows: 

This sheet includes (1) a 10 foot alley, laid out 45 feet 
west of Lovegrove Street, 20 feet wide, and extending 
from Preston Street, 66 feet wide, Southerly 140 feet, 
more or less, to the end thereof and designated as Parcel 
No. 1 and (2) a 20 foot alley, laid out 120 feet south of 
Preston Street, 66 feet wide, and extending from Love- 
grove Street, 20 feet wide. Westerly 45 feet, more or less, 
to a 10 foot alley, laid out 45 feet west of said Lovegrove 
Street and designated as Parcel No. 2. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 338-A-16 which was filed in 
the Office of the Department of Public Works on the 
Nineteenth (19th) day of November in the year I960, 
and is now on file in said Office. 



ORDINANCES 223 

Sec. 2. And be it further ordained, That the proceedings 
of said Depaitment of Public Works, with reference to 
the condemnation and opening of said alleys and the pro- 
ceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Mar>iand and the Charter of 
Baltimore City (1964 Revision) as amended to July 31, 
1973 and any and all amendments thereto, and any and 
all other Acts of the General Assembly of Maryland, and 
any and all ordinances of the Mayor and City Council of 
Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 267 
(Council No. 491) 

AN ORDINANCE concerning 

CITY STREET — CLOSING CERTAIN STREETS AND 
ALLEYS LYING WITHIN THE MID-TOWN 
BELVEDERE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and closing (1) a 10 
foot alley, laid out 45 feet west of Lovegrove Street, 
20 feet wide, and extending from Preston Street, 66 
feet wide. Southerly 140 feet, more or less, to the end 
thereof and (2) a 20 foot alley, laid out 120 feet south 
of Preston Street, 66 feet wide, and extending from 
Lovegrove Street, 20 feet wide. Westerly 45 feet, more 
or less, to a 10 foot alley and lying within the area of 
the Mid-TowTi Belvedere Urban Renewal Project in ac- 
cordance with a plat thereof numbered 338-A-16A, pre- 



224 ORDINANCES Ord. No. 267 

pared by the Surveys and Records Division and filed 
in the Office of the Department of Public Works, on the 
Nineteenth (19th) day of November, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close (1) a 10 foot alley, laid out 45 feet west of 
Lovegrove Street, 20 feet wide, and extending from Preston 
Street, QQ feet wide, Southerly 140 feet, more or less, to 
the end thereof and (2) a 20 foot alley, laid out 120 feet 
south of Preston Street, QiQ feet wide, and extending from 
Lovegrove Street, 20 feet wide. Westerly 45 feet, more or 
less, to a 10 foot alley and lying within the area of the 
Mid-Town Belvedere Urban Renewal Project the alleys 
hereby directed to be condemned for said closing being 
described as follows: 

This sheet includes (1) a 10 foot alley, laid out 45 feet 
west of Lovegrove Street, 20 feet wide, and extending 
from Preston Street, ^& feet wide. Southerly 140 feet, 
more or less, to the end thereof and designated as Parcel 
No. 1 and (2) a 20 foot alley, laid out 120 feet south of 
Preston Street, 66 feet wide, and extending from Love- 
grove Street, 20 feet wide. Westerly 45 feet, more or less, 
to a 10 foot alley, laid out 45 feet west of said Lovegrove 
Street and designated as Parcel No. 2. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 338-A-16A which was filed in 
the Office of the Department of Public Works on the 
Nineteenth (19th) day of November in the year 1960, 
and is now on file in said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the pro- 



ORDINANCES 225 

visions of this Ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall desire to remove, alter or 
interfere therewith, such person, firm or corporation shall 
first obtain permission and permits therefor from the 
Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made neces- 
sary by such removal, alteration or intereference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to 
be constructed or erected shall have been abandoned or 
ishall have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect 
such buildings or structures. Railroad tracks shall be taken 
to be "structures" within the meaning of this section. 

Sec. 4. And he it further ordained, That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and ap- 
purtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And he it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 



226 ORDINANCES Ord. No. 268 

purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owner or owners of ®aid land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to 
the condemnation and closing of said alleys and the pro- 
ceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Bal- 
timore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maryland, and any and 
all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 268 
(Council No. 492) 

AN ORDINANCE concerning 

CITY STREET— OPENING CERTAIN STREETS 

AND ALLEYS LYING WITHIN THE JOHNSTON 

SQUARE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and opening (1) a 10 
foot alley, laid out 75 feet south of Chase Street, 66 feet 
wide, and extending from Somerset Street, 40 feet wide, 
Easterly 86 feet, more or less, to another 10 foot alley 



ORDINANCES 227 

and (2) a 10 foot alley, laid out 80 feet west of Central 
Avenue, 70 feet wide, and extending from Chase Street, 
66 feet Avide, Southerly 347 feet, more or less, to another 
10 foot alley and lying within the area of the Johnston 
Square Urban Renewal Project in accordance with a 
plat thereof numbered 331-A-4, prepared by the Surveys 
and Records Division and filed in the Office of the De- 
partment of Public Works, on the Third (3rd) day of 
December, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
open (1) a 10 foot alley, laid out 75 feet south of Chase 
Street, 66 feet wide, and extending from Somerset Street, 
40 feet wide, Easterly 86 feet, more or less, to another 10 
foot alley and (2) a 10 foot alley, laid out 80 feet west of 
Central Avenue, 70 feet wide, and extending from Chase 
Street, 66 feet wide. Southerly 347 feet, more or less, to 
another 10 foot alley and lying within the area of the 
Johnston Square Urban Renewal Project the alleys hereby 
directed to be condemned for said opening being described 
as follows: 

This sheet includes (1) a 10 foot alley, laid out 75 feet 
south of Chase Street, 66 feet wide, and extending from 
Somerset Street, 40 feet wide. Easterly 86 feet, more or 
less, to another 10 foot alley, laid out 80 feet west of 
Central Avenue, 70 feet wide, and designated as Parcel 
No. 1 and (2) a 10 foot alley, laid out 80 feet west of 
Central Avenue, 70 feet wide, and extending from Chase 
Street, 66 feet wide. Southerly 347 feet, more or less, to 
another 10 foot alley, laid out 75 feet north of Eager Street, 
66 feet wide, and designated as Parcel No. 2. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 



228 ORDINANCES Ord. No. 269 

shown on a plat numbered 331-A-4 which was filed in the 
Office of the Department of Public Works on the Third 
(3rd) day of December in the year 1980, and is now on file 
in said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said alleys and the pro- 
ceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 
1973 and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Balti- 
more, and any and all rules or regulations in effect which 
have been adopted by the Director of Public Works and 
filed with the Departaient of Legislative Reference. 

Sec. 3. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 269 
(Council No. 493) 

AN ORDINANCE concerning 

CITY STREET— CLOSING CERTAIN STREETS AND 

ALLEYS LYING WITHIN THE JOHNSTON 

SQUARE URBAN RENEWAL PROJECT 

FOR the purpose of condemning and closing (1) a 10 foot 
alley, laid out 75 feet south of Chase Street, 66 feet wide, 
and extending from Somerset Street, 40 feet wide, 
Easterly 86 feet, more or less, to another 10 foot alley 
and (2) a 10 foot alley, laid out 80 feet west of Central 



ORDINANCES 229 

Avenue, 70 feet wide, and extending from Chase Street, 
66 feet wide, Southerly 347 feet, more or less, to another 
10 foot alley and lying within the area of the Johnston 
Square Urban Renewal Project in accordance with a 
plat thereof numbered 331-A-4A, prepared by the Sur- 
veys and Records Division and filed in the Office of the 
Department of Public Works, on the Third (3rd) day 
of December, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close (1) a 10 foot alley, laid out 75 feet south of Chase 
Street, 66 feet wide, and extending from Somerset Street, 
40 feet wide, Easterly 86 feet, more or less, to another 10 
foot alley and (2) a 10 foot alley, laid out 80 feet west of 
Central Avenue, 70 feet wide, and extending from Chase 
Street, 66 feet wide. Southerly 347 feet, more or less, to 
another 10 foot alley and lying within the area of the 
Johnston Square Urban Renewal Project the alleys hereby 
directed to be condemned for said closing being described 
as follows : 

This sheet includes (1) a 10 foot alley, laid out 75 
feet south of Chase Street, 66 feet wide, and extending 
from Somerset Street, 40 feet wide, Easterly 86 feet, 
more or less, to another 10 foot alley, laid out 80 feet west 
of Central Avenue, 70 feet wide, and designated as Parcel 
No. 1 and (2) a 10 foot alley, laid out 80 feet west of 
Central Avenue, 70 feet wide, and extending from Chase 
Street, 66 feet wide, Southerly 347 feet, more or less, to 
another 10 foot alley, laid out 75 feet north of Eager Street, 
66 feet wide, and designated as Parcel No. 2. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 



230 ORDINANCES Ord. No. 269 

shown on a plat numbered 331-A-4A which was filed in the 
Office of the Department of Public Works on the Third 
(3rd) day of December in the year 1960, and is now on 
file in said Office. 

Sec. 2. And he it further ordained, That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall desire to remove, alter or 
interfere therewith, such person, firm or corporation shall 
first obtain permission and permits therefor from the 
Mayor and City Council of Baltimore, and shall in the ap- 
plication for such permission and permits agree to pay all 
costs and charges of every kind and nature made necessary 
by such removal, alteration or interference. 

Sec. 3. And he it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And he it further ordained. That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 



ORDINANCES 231 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly au- 
thorized representatives, shall, at all times, have access to 
said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appur- 
tenances, and this without permission from or compensa- 
tion to the owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said alleys and the proceedings 
and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore 
City (1964 Revision) as amended to July 1, 1973 and any 
and all amendments thereto, and any and all other Acts of 
the General Assembly of Maryland, and any and all ordi- 
nances of the Mayor and City Council of Baltimore, and 
any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Depai-tment of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 270 
(Council No. 486) 

AN ORDINANCE concerning 

CITY STREET— CLOSING OF CLINTON STREET 

FOR the purpose of condemning and closing Clinton Street, 
70 feet wide, and extending from Newgate Avenue, 
South 02°-51'-40" East 758 feet, more or less, to the 



232 ORDINANCES Ord. No. 270 

pierhead line as established by the U. S. Army Corps 
of Engineers, Baltimore District, Baltimore, Maryland 
in accordance with a plat thereof numbered 338-A-17, 
prepared by the Surveys and Records Division and filed 
in the Office of the Department of Public Works, on the 
Twelfth (12th) day of December, 1980. 

BY authority of 

Article I — General Provisions 

Section — 4 

Article II — General Provisions 

Sections— 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close Clinton Street, 70 feet wide, and extending from 
Newgate Avenue, South 02°-51'-40" East 758 feet, more or 
less, to the pierhead line as established by the U. S. Army 
Corps of Engineers, Baltimore District, Baltimore, Mary- 
land the street hereby directed to be condemned for said 
closing being described as follows: 

Beginning for the same at the point formed by the in- 
tersection of the south side of Newgate Avenue, 70 feet 
wide, and the east side of Clinton Street, 70 feet wide, and 
running thence binding on the east side of said Clinton 
Street, South 02°-51'-40" East 793 feet, more or less, to 
the pierhead line, as established by the U. S. Army Corps 
of Engineers, Baltimore District, Baltimore, Maryland; 
thence binding on said pierhead line. Northwesterly 99 
feet, more or less, to intersect the line of the west side of 
said Clinton Street; thence binding on the west side of 
said Clinton Street, North 02°-51'-40" West 723 feet, more 
or less, to intersect the line of the south side of said 
Newgate Avenue, if projected westerly and thence binding 
reversely on said line so projected. Easterly 70 feet to the 
place of beginning and designated as Parcel No. 1. 

the said Clinton Street as directed to be condemned being 
more particularly described and referred to among the 
Land Records of Baltimore City and delineated and par- 
ticularly shown on a plat numbered 338-A-17 which was 



ORDINANCES 233 

filed in the Office of the Department of PubKc Works on 
the Twelfth (12th) day of December in the year 1980 and 
is now on file in said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or inter- 
fere therewith, such person, firm or corporation shall first 
obtain permission and permits therefor from the Mayor 
and City Council of Baltimore, and shall in the application 
for such permission and permits agree to pay all costs and 
charges of every kind and nature made necessary by such 
removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the 
specifications and under the direction of the Director of 
Public Works of Baltimore City, and at the expense of the 
person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to 
be ''structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appur- 
tenances, and this without permission from or compensa- 
tion to the owner or owners of said land. 



234 ORDINANCES Ord. No. 271 

Sec. 5. And he it further ordained, That the proceed- 
ings of said Department of Public Works with reference 
to the condemnation and closing of said Clinton Street and 
the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accord- 
ance with, any and all applicable provisions of Article 4 
of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended to 
July 1, 1973 and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 6. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 8, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 271 

(Council No. 544) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of repealing Ordinance No. 886, approved 
October 31, 1978, rescinding reserved parking space on 
Walrad Avenue near Yale Avenue for George Cover. 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That Ordinance 886, approved October 31, 
1978, be and the same is hereby repealed. 

Sec. 2. And he it further ordained. That this ordinance 
shall take effect on the date of its passage. 

Approved April 8, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 235 

No. 272 
(Council No. 563) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(HENRY J. KNOTT, JR. PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$800,000, pursuant to the provisions of Sub-section (50) 
of Article II of the Charter of Baltimore City (1964 
Revision), as amended, for the sole and exclusive pur- 
pose of financing the costs of the completion by Henry 
J. Knott, Jr. or by a limited partnership to be formed 
by him, of a certain project in Baltimore City consisting 
of the acquisition of the real property known as the 
Superior Fireplace Company Building located at 1516 
Baylis Street in Baltimore City, the renovation of cer- 
tain improvements thereon, and the purchase and in- 
stallation of certain machinery and equipment therein, to 
be owned by Henry J. Knott, Jr. or by a limited partner- 
ship to be formed by him, and leased to Henry J. Knott, 
Inc., a Maryland corporation for use as a manufacturer 
of masonry panels; authorizing the Mayor of the City, 
on behalf of the City, to accept the letter of intent dated 
January 16, 1981; making certain legislative findings; 
authorizing and empowering the Board of Finance of 
the City, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any series of such 
bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method 
of issuing and selling (including negotiated as well as 
com.petitive bid sale) , and the time or times of issuance, 
and any and all other details of such bonds, and (b) do 
any and all things necessary, proper or expedient in 
connection with the issuance and sale of such bonds; 
providing that Henry J. Knott, Jr. or a limited partner- 
ship formed by him shall agree to submit any plans and 



236 ORDINANCES Ord. No. 272 

specifications to, and to coordinate with, the Department 
of Housing and Community Development in connection 
with the completion of such project; providing that such 
bonds must be issued and sold within six months from 
the date this Ordinance is approved by the Mayor, unless 
the Board of Finance approves one six month extension 
as provided in this Ordinance; and generally providing 
for and determining various matters and details in con- 
nection with the issuance and sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended (the "Enabling 
Law"), empowers Mayor and City Council of Baltimore 
(the *'City") to borrow money to finance undertakings for 
the accomplishment of any of the purposes, objects and 
powers of the City and in connection therewith to issue 
bonds, notes, or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be 
fully negotiable, payable, as to both principal and interest, 
solely from and secured solely by a pledge of (I) the reve- 
nues from or arising in connection with the property, 
facilities, developments and improvements whose financing 
is undertaken by the issuance of such bonds, notes or other 
obligations, (II) the revenues from or arising in connec- 
tion with any contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, (III) the contracts, 
mortgages or other securities purchased or other\vise 
acquired with the proceeds of such bonds, notes or other 
obligations, or (IV) any combination of (I), (II) or (III). 
The purposes, objects and powers of the City contemplated 
by the Enabling Law include the relief of conditions of 
unemployment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safety of the residents 
of Baltimore City. 

The City has received a letter of intent dated January 
16, 1981 (the "Letter of Intent") from Henry J. Knott, Jr., 
on behalf of himself or a limited partnership to be formed 
by him (collectively, the "Borrower"), pursuant to which 



ORDINANCES 237 

the Borrower has requested the City to participate in the 
financing of the costs of the completion by the Borrower 
of a certain project in Baltimore City, Maryland (the 
"Project"), by issuing and selling the City's industrial 
development revenue bonds in the aggregate principal 
amount not to exceed ?800,000 (the "Bonds"), and by 
making the proceeds of the Bonds available to the Bor- 
rower to be used by the Borrower for the sole and exclu- 
sive purpose of financing the costs of the completion of 
the Project by the Borrower. 

The Project will consist generally of (a) the acquisition 
of a tract of land containing approximately 1.4 acres, lo- 
cated at 1516 Baylis Street in Baltimore City, (b) the 
renovation of a 91,000 square foot building thereon known 
as the Superior Fireplace Company Building consisting of 
masonry and warehouse space, and (c) the acquisition and 
installation in such building of any or all machinery and 
equipment as may be necessary or useful in connection 
with the operation thereof, including welder, miscellaneous 
panel materials and equipment. Upon completion, the Proj- 
ect will be owned by the Borrower and leased to Henry J. 
Knott, Inc., a Maryland corporation, to be used for the 
manufacture of masonry panels. 

The Enabling Law provides that the City may authorize 
and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing and 
selling (including negotiated as well as competitive bid 
sale), and the time or times of issuance, and any and all 
other details of the Bonds and the issuance and sale there- 
of, and to do any and all things necessary, proper or ex- 
pedient in connection with the issuance and sale of the 
Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by Mayor and City Council of 
Baltimore, That acting pursuant to the Enabling Law, it 
is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 



238 ORDINANCES Ord. No. 272 

ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) pro- 
moting economic development in Baltimore City; (c) en- 
couraging the increase of industry and a balanced economy 
in Baltimore City; and (d) increasing employment due to 
the emerging business of manufacturing masonry panels. 

(3) Any and all of the Bonds shall not be general obli- 
gations of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City, and 
shall not constitute a debt of the City, all within the mean- 
ing of Section 7 of Article XI of the Constitution of Mary- 
land or within the meaning of any other constitutional, 
statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of 
the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
^vith the Project, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the 
'Bonds, or (IV) any combination of (I), (II) or (III), all 
as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of 
the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $800,000, 
subject to the provisions of this Ordinance. The proceeds 



ORDINANCES 239 

of the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion 
of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the Bonds, 
and the Mayor of the City is hereby authorized to accept 
the Letter of Intent on behalf of the City in order to 
further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions 
of this Ordinance. 

Sec. 4. And he it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive bid 
sale), and the time or times of issuance, and any and all 
other details of the Bonds and the issuance and sale thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of the Bonds ; 

(c) 'approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates) , under 
which the proceeds of the Bonds will be made available to 
the Borrower to finance the costs of the completion of the 
Project; and 

(d) do any and all things necessary, proper or expedi- 
ent in connection with the issuance, sale and delivery of 
the Bonds. 



240 OEDINANCES Ord. No. 272 

Sec. 5. And be it further ordained, That any and all of 
fthe Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
'Sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that : 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained. That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or uncon^tutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 



ORDINANCES 241 

the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
leg'islative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exemjked herefrom. 

Sec. 8. And be it further ordained, That the Bonds must 
be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the City ; 
provided, however, that the Board, after a showing of good 
•cause at a pubHc hearing held before the Board prior to 
or after the expiration of such six month period, may ex- 
tend the period during which the Bonds may be issued and 
sold for one additional term not to exceed six months from 
the date on which the iirst six months period expired. 
The Board, in its sole discretion, and without action by 
the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested ex- 
tension of the six month period. If an extension is granted, 
notice of such extension and the reasons therefor must 
be sent to the City Council. To the extent that the Bonds 
are not issued and sold within twelve months from the 
date on which this Ordinance is approved by the Mayor of 
the City, the authority provided in this Ordinance for the 
City to issue and sell the Bonds shall expire. 

Sec. 9. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 8, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



242 ORDINANCES Ord. No. 273 

No. 273 
(Council No. 556) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 

BONDS— (METAL FABRICATORS, 

INC. PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$600,000.00, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclusive 
purpose of financing the costs of the acquisition by 
Metal Fabricators, Inc., a Maryland corporation, of a 
certain project in Baltimore City consisting of the 
acquisition of the real property and certain improve- 
ments thereon located at 4211-4215 Erdman Avenue 
in Baltimore City, and the purchase of certain ma- 
chinery and equipment and other improvements therein, 
to be owned and used by Metal Fabricators, Inc.; au- 
thorizing the Mayor of the City, on behalf of the City, 
to accept the letter of intent dated January 30, 1981 
from Metal Fabricators, Inc. to the City; making certain 
legislative findings; authorizing and empowering the 
Board of Finance of the City, by a resolution or resolu- 
tions adopted prior to the issuance, sale and delivery of 
any series of such bonds, to (a) prescribe, among other 
things but not limited to, the form, terms, provisions, 
manner or method of issuing and selling (including nego- 
tiated as well as competitive bid sale), and the time or 
times of issuance, and any and all other details of such 
bonds, and (b) do any and all things necessary, proper 
or expedient in connection with the issuance and sale 
of such bonds; providing that Metal Fabricators, Inc. 
shall agree to submit any plans and specifications to, and 
to coordinate with, the Department of Housing and 
Community Development in connection Avith the com- 



ORDINANCES 243 

pletion of such project; providing that such bonds must 
be issued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six month extension as pro- 
vided in this Ordinance ; and generally providing for and 
determining various matters and details in connection 
with the issuance and sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the ''En- 
abling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance 
undertakings for the accomplishment of any of the 
purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obliga- 
tions (including refunding bonds, notes or other obli- 
gations), all of which shall be fully negotiable, payable, 
as to both principal and interest, solely from and se- 
cured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, devel- 
opments and improvements whose financing is under- 
taken by the issuance of such bonds, notes or other ob- 
ligations, (II) the revenues from or arising in connec- 
tion with any contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of 
such bonds, notes or other obligations, (III) the con- 
tracts, mortgages or other securities purchased or other- 
wise acquired with the proceeds of such bonds, notes 
or other obligations, or (IV) any combination of (I), 
(II) or (III). The purposes, objects and powers of the 
City contemplated by the Enabling Law include the 
relief of conditions of unemployment in Baltimore City, 
encouraging the increase of industry and a balanced 
economy in Baltimore City, promoting economic devel- 
opment in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated January 
30, 1981 (the ''Letter of Intent") from Metal Fabri- 
cators, Inc., a Maryland corporation (the "Borrower"), 
pursuant to which the Borrower has requested the City 
to participate in the financing of the costs of the acqui- 



244 ORDINANCES Ord. No. 273 

sition by the Borrower of a certain project in Baltimore 
City, Maryland (the ''Project"), by issuing and selling 
the City's industrial development revenue bonds in the 
aggregate principal amount not to exceed $1,000,000.00 
(the ''Bonds"), and by loaning the proceeds of the 
Bonds to the Borrower, upon the terms and conditions of 
an Industrial Building Financing Agreement to be en- 
tered into, among others, the City and the Borrower 
(the "Financing Agreement"), as permitted by the En- 
abling Law (such loan being herein referred to as the 
"Loan"), to be used by the Borrower for the sole and 
exclusive purpose of financing the costs of the acquisi- 
tion of the Project by the Borrower. 

The Project, which is an "undertaking" which will ac- 
complish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist generally 
of (a) the acquisition of a tract of land containing ap- 
proximately 4.132 acres located at 4211-4215 Erdman 
Avenue in Baltimore City, (b) the acquisition of a build- 
ing of approximately 32,000 square foot thereon, (c) 
the acquisition of such machinery and equipment, and 
any and all other improvements in such building, as may 
be necessary or useful in connection with the operation 
thereof, and (d) the acquisition of other interests in land 
as may be necessary or suitable for the foregoing, in- 
cluding roads and rights of access, utilities and other 
necessary site preparation. Upon completion, the Project 
will be owned by the Borrower for use as a metal fabri- 
cation facility. 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the "Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as competi- 
tive bid sale), and the time or times of issuance, and 
any and all other details of the Bonds and the issuance 
and sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 



ORDINANCES 245 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to lend the pro- 
ceeds thereof to the Borrower for the sole and exclusive 
purpose of financing the costs of acquisition of the Project 
will facilitate and expedite the acquisition of the Project 
by the Borrower. 

(2) The acquisition of the Project by the Borrower 
and the financing of the costs of such acquisition as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) 
promoting economic development in Baltimore City; and 
(c) encouraging the increase of industry and a balanced 
economy in Baltimore City. 

(3) Any and all of the Bonds and the interest thereon 
shall not be general obligations of the City and shall not 
be a pledge of or involve the faith and credit or the taxing 
power of the City, and shall not constitute a debt of the 
City, all wathin the meaning of Section 7 of Article XI 
of the Constitution of Maryland or within the meaning 
of any other constitutional, statutory or charter provision 
limiting or restricting the sale or issuance of bonds, notes 
or other obligations of the City. All of the Bonds shall be 
limited obligations of the City, and shall be fully nego- 
tiable, payable, as to both principal and interest, solely 
from and secured solely by a pledge of the revenue derived 
from Loan repayments (both principal and interest) made 
to the City by the Borrower on account of the Loan and 
from any other moneys made available to the City for such 
purpose, all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery 
of the Bonds. The proceeds of the revenue bonds wall be 
paid directly to a corporate trustee (to be appointed by the 
Board) or a project fund trustee (which may be the 
original purchaser of the Bonds), to be held and disbursed 
by such trustee or project fund trustee as provided in the 
Financing Agreement, to be approved by the Board in the 
Resolution; provided, however, that if the Board finds and 
determines, pursuant to the Resolution, that the Project 



246 ORDINANCES Ord. No. 273 

will be completed on or before the date of delivery of the 
Bonds, the Board may provide in the Resolution that the 
proceeds of the Bonds will be paid directly to the Borrower, 
or for the account of the Borrower, to be used by the 
Borrower to pay the costs of, or to reimburse the Bor- 
rower for the payment of the costs of, the acquisition of 
the Project, as provided in the Financing Agreement to 
be approved by the Board in the Resolution. Payments of 
the principal of and premium (if any) and interest on the 
Loan will be paid by the Borrower directly to such trustee 
or to the original purchaser of the Bonds, its successors 
and assigns, as provided in the Financing Agreement, to be 
approved by the Board in the Resolution. No such moneys 
will be commingled with the City's funds or will be subject 
to the absolute control of the City, but will be subject 
only to such limited supervision and checks as are deemed 
necessary or desirable by the City to insure that the pro- 
ceeds of the Bonds are used to accomplish the public pur- 
poses of the Enabling Law and this Ordinance. The loan 
form of transaction authorized hereunder shall in no event 
constitute a capital project within the meaning of any 
charter or statutory provision. The public purposes ex- 
pressed in the Enabling Law are to be achieved by facilitat- 
ing the acquisition of the Project by the Borrower. 

(4) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Financing Agreement, 
(b) any lien and security interest created by the Financing 
Agreement, and (c) any interest created by any other 
mortgage or deed of trust or other security instrument 
executed and delivered by the Borrower or any third party 
as security for the Loan or the Bonds as the Board may 
provide for and approve in the Resolution. The security 
for the Bonds shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligations of the Bor- 
rower to make the payments required by the Financing 
Agreement, (b) moneys realized from the liquidation of 
any lien and security interest created by the Financing 
Agreement and of any other lien or security interest cre- 
ated with respect to any property as security for the Loan 



ORDINANCES 247 

or the Bonds as the Board may provide for and approve in 
the Resohition, and (c) moneys realized from any guaranty 
of the Bonds or of the Loan as the Board may provide for 
and approve in the Resolution. 

(5) The best interest of the City will be served by 
selling the Bonds at private (negotiated) sale, as author- 
ized by the Enabling Law, upon terms and conditions ap- 
proved by the Board in the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in the 
aggregate principal amount not to exceed $600,000.00, sub- 
ject to the provisions of this Ordinance. The proceeds of the 
Bonds will be loaned to the Borrower under terms and 
conditions approved by the Board and set forth in a Reso- 
lution, and used by the Borrower for the sole and exclusive 
purpose of financing the costs of the acquisition of the 
Project. 

Sec. 3. And be it further ordained, That each of the 
Bonds shall bear the descriptive title "Baltimore City, 
Maryland Industrial Development Revenue Bonds (Metal 
Fabricators, Inc. Project)", provided, that the descriptive 
title may contain such other descriptive information as the 
Board may prescribe in the Resolution (e.g. "1981 Series"). 
The Bonds shall bear interest at the rate or rates of in- 
terest to be determined by negotiation with the original 
purchaser or purchasers of the Bonds and to be approved 
and prescribed by the Board in the Resolution. 

Sec. 4. And be it further ordained, That the definitive 
Bonds, which may be engraved, printed or typewritten, 
including a Certificate of Authentication to be endorsed 
thereon, if required by the Financing Agreement, shall be 
in such form, not inconsistent with the Enabling Law and 
the provisions of this Ordinance, as the Board may approve 
in the Resolution. 

Sec. 5. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 



248 ORDINANCES Ord. No. 273 

accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 6. And he it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, am.ong other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 1 of this Or- 
dinance, pursuant to the Financing Agreement, (ii) the 
form of the Financing Agreement, as provided in the En- 
abling Law, and (iii) such provisions in the Financing 
Agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than 
customary financing statements and closing certificates), 
under which the proceeds of the Bonds will be loaned to 
the Borrower to finance the costs of the acquisition of the 
Project; and 

(d) do any and all things necessary, proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 

Sec. 7. And he it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 



ORDINANCES 249 

obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of the revenue derived from 
Loan repayments (both principal and interest) made to the 
City by the Borrower pursuant to the Financing Agreement 
and from any other moneys made available to the City for 
such purpose, all as the Board may approve by a resolution 
or resolutions adopted prior to the issuance, sale and de- 
livery of any of the Bonds. 

Sec. 8. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community De- 
velopment for approval, and that the Department of Hous- 
ing and Community Development may refuse approval of 
any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work ^\ath the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 9. And he it further ordained, That any and all of 
the Bonds shall be executed in the name of the City and on 
its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by 
the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessarjr to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the 
City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
\\dse reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 



250 ORDINANCES Ord. No. 273 

shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine by resolution to be necessary to carry out and 
comply with the provisions hereof. 

Sec. 10. And be it further ordained, That any and all 
necessary financing statements required for the consumma- 
tion of the transactions authorized by this Ordinance may 
be executed on behalf of the City by the Mayor of the City 
or by the Chief, Bureau of Treasury Management of the 
City or by such other appropriate official of the City as 
may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 11. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the legis- 
lative intent that this Ordinance would have been passed if 
such illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 12. And he it further ordained, That the Bonds 
must be issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six month period, 



ORDINANCES 251 

may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board, in its sole discretion, and without 
action by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six month period. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. To the extent that the 
Bonds are not issued and sold within twelve months from 
the date on which this Ordinance is approved by the Mayor 
of the City, the authority provided in this Ordinance for 
the City to issue and sell the Bonds shall expire. 

Sec. 13. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 16, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 274 
(Council No. 557) 

AN ORDINANCE concerning 

CHARTER (INDUSTRIAL DEVELOPMENT 

REVENUE) BONDS— 

(GREEK ORTHODOX CATHEDRAL 

PARKING PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the **City") to issue and 
sell, at any time or from time to time and in one or 
more series, as limited obligations of the City and not 
upon its full faith and credit, its charter (industrial 
development) revenue bonds, to be designated "Baltimore 
City, Maryland Charter (Industrial Development Reve- 
nue) Bonds (Greek Orthodox Cathedral Parking Proj- 
ect)", in the aggregate principal amount not to exceed 



252 ORDINANCES Ord. No. 274 

$295,000, pursuant to the provisions of Sub-section (50) 
of Article II of the Charter of Baltimore City (1964 
Revision), as amended, for the sole and exclusive pur- 
poses of financing the costs, charges, fees and expenses 
in connection with the leasing, acquisition and renovation 
of the property situate at 1205-1223 Maryland Avenue, 
and certain improvements in connection therewith, to 
be operated as a parking facility by the Greek Orthodox 
Cathedral of the Annunciation, a Maryland religious 
body corporate, including payment of the necessary ex- 
penses of preparing, printing and selling such bonds 
and payment of interest on such bonds during the period 
of leasing and acquisition of such property (such period 
not to exceed three years following the date of such 
bonds) ; authorizing the Mayor of the City to accept, 
on behalf of the City, a letter of intent from the Greek 
Orthodox Cathedral of the Annunciation addressed to 
the City dated February 6, 1981; making certain legis- 
lative findings; authorizing and empowering the Board 
of Finance of the City, prior to the issuance, sale and 
delivery of such bonds, to adopt a resolution pursuant to 
which the Board of Finance of the City shall (a) pre- 
scribe, among other things but not limited to, the form, 
terms, provisions, manner or method of issuing, selling 
and delivering, and the time or times of issuance, and 
any and all other details of such bonds, and (b) do 
any and all things necessary, proper or expedient in 
connection with the issuance, sale and delivery of such 
bonds; authorizing the private (negotiated) sale of such 
bonds; providing that the Greek Orthodox Cathedral of 
the Annunciation shall agree to submit any plans and 
specifications to, and to coordinate with, the Department 
of Housing and Community Development in connection 
with the leasing, acquisition and installment of such 
project; providing for the expiration of the authoriza- 
tion of the transaction approved by this Ordinance, if 
such bonds are not issued and sold within six months 
from the date this Ordinance is approved by the Mayor, 
unless the authorization is extended by the Board of 
Finance as provided in this Ordinance; and generally 
providing for and determining various matters and de- 
tails in connection with the authorization, issuance, 
security, sale, delivery and payment of such bonds. 



ORDINANCES 253 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the **En- 
abling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to issue, sell and deliver revenue 
bonds and to use the proceeds of the sale of such revenue 
bonds to finance undertakings for the accomplishment 
of any of the purposes, objects and powers of the City. 
Some of the general objectives of the City, contemplated 
by the Enabling Law, include the relief of conditions 
of unemployment in Baltimore City, encouraging the 
increase of industry and a balanced economy in Balti- 
more City, promoting economic development in Baltimore 
City, and promoting the health, welfare and safety of 
the residents of Baltimore City. 

The City has received a letter of intent dated February 
6, 1981 (the "Letter of Intent") from Greek Orthodox 
Cathedral of the Annunciation, a Maryland religious 
body corporate (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in the 
financing of the costs, charges, fees and expenses in con- 
nection with the leasing, acquisition, improvement, and 
renovation (from time to time hereinafter referred to 
collectively as the "acquisition") by the Borrower of a 
certain project to be located in Baltimore City, Maryland 
(the "Project"), by issuing and selling charter (indus- 
trial development revenue) bonds of the City in the 
aggregate principal amount not to exceed $295,000 (the 
"Bonds") and by loaning the proceeds of the Bonds to 
the Borrower, upon the terms and conditions of a loan 
agreement to be entered into between the City and the 
Borrower (the "Loan Agreement"), as permitted by the 
Enabling Law (such loan being herein referred to as the 
"Loan"). 

The Project and the acquisition thereof, will consist 
generally of (a) the leasing and acquisition of the lots 
of land located at 1205-1223 Maryland Avenue and 1206 
Morton Alley in Baltimore City, (b) the renovation and 
improvement of the industrial building located thereon, 
which has 33,400 square feet, more or less, of usable 
space, and (c) the acquisition and installation in such 
building of any or all other improvements therein as 



254 ORDINANCES Ord. No. 274 

may be necessary or useful in connection with the 
operation thereof. The Project will be leased from the 
City by the Borrower under the Agreement and Inden- 
ture of Lease (the "Lease") for use by the Borrower 
and the general public as a parking facility. 

The Loan Agreement will require Borrower (a) to 
use the proceeds of the Bonds solely to finance the com- 
pletion of the leasing, acquisition, improvement and reno- 
vation of the Project, payment of expenses of issuance 
of the Bonds, and payment of interest on the Bonds 
during a period not to exceed three years following the 
date of the Bonds, and (b) to make Loan payments 
which will be sufficient to enable the City to pay the 
principal of and interest and premium, if any, on the 
Bonds when and as the same shall become due and 
payable. 

As security for the Bonds, the City will enter into 
either (a) a trust agreement (the "Trust Agreement") 
with a corporate trustee (the "Trustee") to be ap- 
pointed by the Board of Finance of the City (the 
"Board") or (b) an Assignment and Security Agree- 
ment (the "Assignment") with (i) the original pur- 
chaser of the Bonds (the "Original Purchaser"), if on 
the date of delivery of the Bonds the acquisition of the 
Project has been completed, or (ii) the Original Pur- 
chaser and a trustee (which may be the Original Pur- 
chaser) (collectively, the "Project Fund Trustee"), if 
on the date of delivery of the Bonds the acquisition of 
the Project has not been completed. Pursuant to the 
Trust Agreement or the Assignment, the City will as- 
sign to the Trustee or, if the Assignment is entered 
into, the Original Purchaser, its successors and assigns, 
(among other things) (a) all of the City's right, title 
and interest in and to and remedies under the Loan 
Agreement, including (without limitation) any and all 
security referred to therein, excepting only (i) the right 
of the City to indemnification by the Borrower and to 
payments to the City for expenses incurred by the City 
itself, and (ii) the right of the City to all payments 
due it under the Lease, (b) the receipts and revenues 
of the City from the Loan, (c) certain moneys which are 
at any time or from time to time on deposit with the 



ORDINANCES 256 

Trustee or the Project Fund Trustee, (d) all right, title 
and interest in and to and remedies with respect 
to any and all other property of every description and 
nature from time to time by delivery or by writing of 
any kind conveyed, pledged, assigned or transferred, as 
and for additional security for the Bonds, by the City 
or by anyone on its behalf or with its written consent, 
to the Trustee, or, if the Assignment is entered into, 
the Original Purchaser, its successors or assigns, and 
(e) all of the City's right, title and interest in and to 
and remedies under such other documents, including 
(without limitation) mortgages, deeds of trust, guaran- 
ties and security instruments, as the Board shall deem 
necessary to effectuate the issuance, sale and delivery 
of the Bonds and which the Board shall approve by a 
resolution or resolutions (the "Resolution") to be adopted 
by the Board prior to the issuance, sale and delivery of 
any of the Bonds. 

The Bonds will be sold at a private (negotiated) sale. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to lend the pro- 
ceeds thereof to the Borrower for the sole and exclusive 
purposes of financing the costs of the Project, the ex- 
penses of issuance of the Bonds, and interest with respect 
to the Bonds during a period not to exceed three years 
following the date of the Bonds, will facilitate and expedite 
the completion of the acquisition of the Project by the 
Borrower. 

(2) The completion of the acquisition of the Project 
by the Borrower and the financing thereof as provided in 
this Ordinance will serve to promote the general purposes 
contemplated by the Enabling Law by (a) sustaining jobs 
and employment in Baltimore City; (b) promoting eco- 
nomic development in Baltimore City; and (c) encourag- 
ing the increase of industry and a balanced economy in 
Baltimore City. 



256 ORDINANCES Ord. No. 274 

(3) The Bonds and the interest thereon shall not be 
general obligations of the City, and shall not be a pledge 
of or involve the faith and credit or the taxing power of 
the City, and shall not constitute a debt of the City, all 
within the meaning of Section 7 of Article XI of the 
Constitution of Maryland or within the meaning of any 
other constitutional, statutory or charter provision limiting 
or restricting the sale or issuance of bonds, notes or other 
obligations of the City. The Bonds and the interest thereon 
shall not constitute or give rise to any pecuniary liability 
of the City. The Bonds and the interest thereon shall be 
limited obligations of the City, repayable by the City solely 
from the revenue derived from Loan repayments (both 
principal and interest) made to the City by the Borrower 
on account of the Loan and from any other moneys made 
available to the City for such purpose. If a Trust Agree- 
ment is entered into, the proceeds of the Bonds will be 
paid directly to the Trustee to be held and disbursed by 
the Trustee as provided in the Trust Agreement to be 
approved by the Board in the Resolution. If an Assign- 
ment is entered into, and the Project has not been com- 
pleted on or before the date of delivery of the Bonds, the 
Board will provide in the Resolution that the proceeds will 
be paid directly to the Project Fund Trustee and deposited 
by the Project Fund Trustee into the Project Fund created 
under the Assignment. If an Assignment is entered into, 
and the Board finds and determines that the Project has 
been or will be completed on or before the date of delivery 
of the Bonds, the Board may provide in the Resolution that 
no Project Fund will be created under the Assignment and 
that the proceeds of the Bonds will be paid directly to the 
Borrower, or for the account of the Borrower, to be used 
by the Borrower to pay the costs of, or to reimburse the 
Borrower for the payment of the costs of, the completion 
of the Project. Payments of the principal of and premium 
(if any) and interest on the Loan will be paid by the 
Borrower directly to the Trustee as provided in the Trust 
Agreement or to the Original Purchaser, its successors 
and assigns, as provided in the Assignment, to be approved 
by the Board in the Resolution. No such moneys will be 
commingled with the City's funds or will be subject to 
the absolute control of the City, but will be subject only 
to such limited supervision and checks as are deemed 



ORDINANCES 257 

necessary or desirable by the City to insure that the pro- 
ceeds of the Bonds are used to accomplish the public pur- 
poses of the Enabling Law and this Ordinance. The loan 
form of transaction authorized hereunder shall in no event 
constitute a capital project within the meaning of any 
charter or statutory provision. The public purposes ex- 
pressed in the Enabling Law are to be achieved by 
facilitating the completion of the Project by the Borrower. 

(4) The City \\dll acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 
any lien and security interest created by the Loan Agree- 
ment, (c) any interest created by any other mortgage or 
deed of trust or other security instrument executed and 
delivered by the Borrower or any third party as security 
for the Loan or the Bonds as the Board may provide for 
and approve in the Resolution, and (d) any interest created 
by the Lease. The security for the Bonds shall be solely 
and exclusively (a) the absolute, irrevocable and uncondi- 
tional obligations of the Borrower to make the payments 
required by the Loan Agreement, (b) moneys realized 
from the liquidation of any lien and security interest cre- 
ated by the Loan Agreement and of any lien or security 
interest created with respect to any property as security 
for the Loan or the Bonds as the Board may provide for 
and approve in the Resolution, and (c) moneys realized 
from any guaranty of the Bonds or of the Loan as the 
Board may provide for and approve in the Resolution. 

(5) The best interests of the City will be served by 
selhng the Bonds at private (negotiated) sale, as author- 
ized by the Enabling Law, upon terms and conditions 
approved by the Board in the Resolution. 

Sec. 2. And be it further ordained^ That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, and 
as limited obligations of the City and not upon its full 
faith and credit, its Bonds, the Baltimore City, Maryland 
Charter (Industrial Development Revenue) Bonds (Greek 
Orthodox Cathedral Parking Project), in the aggregate 



258 ORDINANCES Ord. No. 274 

principal amount not to exceed $295,000, subject to the 
provisions of this Ordinance. The proceeds of the Bonds 
will be loaned to the Borrower pursuant to the terms and 
provisions of the Loan Agreement, to be used by the Bor- 
rower for the sole and exclusive purpose of financing the 
costs, charges, fees, and expenses in connection with the 
completion of the Project. The Bonds and the interest 
thereon shall be limited obligations of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the City 
by the Borrower pursuant to the Loan Agreement and from 
any other moneys made available to the City for such 
purpose. The security for the Bonds shall be solely and 
exclusively as provided in Section 1 of this Ordinance. 

Sec. 3. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained, That each of the 
Bonds shall bear the descriptive title ''Baltimore City, 
Maryland Charter (Industrial Development Revenue) Bond 
(Greek Orthodox Cathedral Parking Project)", provided, 
that the descriptive title may contain such other descrip- 
tive information as the Board may prescribe in the Reso- 
lution (e.g. "1981 Series"). The Bonds shall bear interest 
at the rate or rates of interest to be determined by nego- 
tiation with the original purchaser or purchasers of the 
Bonds and to be approved and prescribed by the Board in 
the Resolution. 

Sec. 5. And he it further ordained. That the definitive 
Bonds, which may be engraved, printed or typewritten, in- 
cluding any Trustee's Certificate of Authentication to be 
endorsed thereon if the Trust Agreement is entered into, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board 
may approve in the Resolution. 



ORDINANCES 259 

Sec. 6. And be it further ordained, That the Bonds 
shall be executed in the name of the City and on its be- 
half by the Mayor of the City, by his manual or facsimile 
signature, and by the Director of Finance of the City, by 
his manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian 
of the City Seal, by his manual signature. The Loan Agree- 
ment, the Trust Agreement or the Assignment and, where 
applicable, all other documents as the Board shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds, shall be executed in the name of the City and 
on its behalf by the Mayor of the City by his manual or 
facsimile signature, and the corporate seal of the City or 
a facsimile thereof shall be impressed or otherwise repro- 
duced thereon and attested by the Custodian of the City 
Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear 
on the Bonds or any of the aforesaid documents shall 
cease to be such officer before the delivery of the Bonds 
or any of the other aforesaid documents, such signature or 
such facsimile shall nevertheless be valid and sufficient for 
all purposes, the same as if such officer had remained in 
office until delivery. The Mayor of the City, the Director 
of Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such 
documents and certificates as the Board may determine in 
the Resolution to be necessary to carry out and comply 
mth the provisions hereof. 

Sec. 7. And be it further ordained, That the Bonds 
shall be executed, issued and delivered at any time or 
from time to time and in one or more series and in such 
amount or amounts not exceeding, in the aggi^egate, the 
principal amount of $295,000, as the Board shall prescribe 
in the Resolution. 

Sec. 8. And be it further ordained, That the Bonds 
shall be dated, shall be in such denominations, shall be of 
such form and tenor, and shall be payable in such amounts, 
at such times and at such place or places as the Board 
shall prescribe in the Resolution. 



260 ORDINANCES Ord. No. 274 

Sec. 9. And be it further ordained, That the Bonds may- 
be subject to redemption prior to their stated maturities 
upon such terms and conditions as the Board shall pre- 
scribe in the Resolution. 

Sec. 10. And he it further ordained, That prior to the 
issuance, sale and delivery of the Bonds, the Board shall 
adopt the Resolution pursuant to which the Board shall: 

(a) prescribe the form, tenor, terms and conditions 
of and security for the Bonds ; 

(b) prescribe the actual amounts, rate or rates of 
interest (or the method of determining the same), denomi- 
nations, date, actual maturity or maturities, and the place 
or places of payment of the Bonds, and the terms and con- 
ditions and details under which the Bonds may be called 
for redemption prior to their stated maturities; 

(c) if a Trust Agreement is entered into, appoint a 
bank having trust powers, or a trust company, as Trustee 
for the Bonds and, if necessary, appoint a paying agent 
or agents for the Bonds, which may be the Trustee ; 

(d) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Agreement or the Assignment, 
and (iii) such other documents, including (without limi- 
tation) mortgages, deeds of trust, guaranties and security 
instruments as the Board shall deem necessary to approve 
in order to effectuate the issuance, sale and delivery of 
the Bonds; 

(e) determine the time of execution, issuance, sale and 
delivery of the Bonds and prescribe any and all other de- 
tails of the Bonds ; 

(f) provide for the direct payment by the Borrower 
of all costs, fees and expenses incurred by or on behalf 
of the City in connection with the issuance, sale and de- 
livery of the Bonds, including (without limitation) costs of 
printing (if any) and issuing the Bonds, legal expenses 
and compensation to any person (other than full time em- 
ployees of the City) performing services by or on behalf 
of the City in connection therewith ; 



ORDINANCES 261 

(g) if the Trust Agreement is entered into, provide 
for the issuance and sale (subject to the passage of an 
appropriate ordinance authorizing the same as may be re- 
quired by the time) of one or more series of additional 
bonds and one or more series of refunding bonds; and 

(h) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 11. And he it further ordained, That the Loan 
Agreement and the Trust Agreement or the Assignment 
shall contain such terms, provisions and conditions, not 
inconsistent wdth the Enabling Law and the provisions of 
this Ordinance, as the Board shall approve in the Resolution. 

Sec. 12. And he it further ordained, That, as authorized 
by the Enabling Law, the Bonds shall be sold at private 
(negotiated) sale upon such terms and conditions as shall 
be approved by the Board in the Resolution. 

Sec. 13. And he it further ordained, That the Bonds 
and the interest thereon shall not be general obligations 
of the City and shall not be a pledge of or involve the faith 
and credit or the taxing power of the City, and shall not 
constitute a debt of the City, all within the meaning of 
Section 7 of Article XI of the Constitution of Maryland 
or any other constitutional, statutory or charter provision 
limiting or restricting the sale or issuance of bonds, notes 
or other obligations of the City. The Bonds and the interest 
thereon shall not constitute or give rise to any pecuniary 
liability of the City. The Bonds, and the interest thereon, 
shall be limited obligations of the City, the principal of 
and interest on which Bonds shall be payable by the City 
solely from the revenue derived from Loan repayments 
(both principal and interest) made to the City by the 
Borrower on account of the Loan and, to the extent pro- 
vided by the Board in the Resolution, from the proceeds 
of the Bonds, and from any other moneys made available 
to the City for such purpose. If the Trust Agreement is 
entered into, the proceeds of the Bonds will be paid di- 
rectly to the Trustee to be held and disbursed by the 
Trustee as provided in the Trust Agreement to be approved 



262 ORDINANCES Ord. No. 274 

by the Board in the Resolution. If an Assignment is entered 
into and the Project has not been completed, the Board 
will provide in the Resolution that the proceeds will be 
paid directly to the Project Fund TiTistee and deposited 
by the Project Fund Trustee into the Project Fund thereby 
created under this Assignment, or if the Assignment is 
entered into and the Board finds and determines that the 
Project has been or will be completed on or before the 
date of delivery of the revenue bonds, the Board may pro- 
vide in the Resolution that the proceeds of the revenue 
bonds will be paid directly to the Borrower, or for the 
account of the Borrower, to be used by the Borrower to 
pay the costs of, or to reimburse the Borrower for payment 
of the costs of, the completion of the Project, as pro- 
vided in the Assignment to be approved by the Board in the 
Resolution. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of 
the City, but will be subject only to such limited super- 
vision and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bonds are used 
to accomplish the public purposes of the Enabling Law 
and this Ordinance. 

Sec. 14. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bonds by those 
who shall hold the Bonds from time to time, the City does 
hereby, and by the execution and delivery of the Trust 
Agreement or the Assignment to be approved by the Board 
shall, set aside or pledge the income and revenue under 
the Loan Agreement (other than payments to the City for 
indemnification or to reimburse the City for expenses in- 
curred by the City itself) to the Trustee or, if the Assign- 
ment is entered into, the Original Purchaser, its successors 
and assigns, to be used and applied for the payment of 
the principal of and interest on the Bonds. Pursuant to 
the terms of the Loan Agreement to be approved by the 
Board in the Resolution, payments sufficient for the prompt 
payment when due of the principal of, premium, if any, 
and interest on the Bonds are to be paid by the Borrower 
to the Trustee for the benefit of the holders of the Bonds, 
or, if the Assignment is entered into, to the Original Pur- 
chaser, its successors and assigns, for the account of the 
City. 



ORDINANCES 263 

Sec. 15. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for 
the Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse ap- 
proval of any plans and specifications for aesthetic or 
functional reasons; and 

(b) It and its developers ^vill work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 16. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 17. And be it further ordained, That, if the Bonds 
are not issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bonds shall expire; provided, 
however, that the Board may, after showing of good cause 
at a public hearing held before the Board, extend such 
authorization for one additional term not to exceed six 
months. The Board, in its sole discretion, shall determine 
the sufficiency, or lack thereof, of the reasons presented 
for any requested extension of this Ordinance. If an ex- 
tension is granted, notice of such extension and the reasons 
therefor must be sent to the City Council. 



264 ORDINANCES Ord. No. 275 

Sec. 18. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 16, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 275 

(Council No. 577) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BOND— RIVERSIDE 

REALTY COMPANY 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the "City") to issue, sell 
and deliver, at any time or from time to time, its in- 
dustrial development revenue bond, designated ''Balti- 
more City, Maryland, Industrial Development Revenue 
Bond (Riverside Realty Company Project) 1981 Series", 
in the principal amount not to exceed $480,000 (the 
"Bond"), pursuant to the provisions of Subsection 50, 
Article II of the Charter of Baltimore City (1964 Revi- 
sion) , in order to loan the proceeds thereof (the "Loan") 
to Riverside Realty Company, a Maryland limited part- 
nership (the "Borrower"), for the sole and exclusive 
purpose of financing the construction by the Borrower 
of two commercial buildings and the acquisition and in- 
stallation of certain machinery and equipment therein, 
such buildings and machinery and equipment to be lo- 
cated in Baltimore City as provided in this Ordinance; 
authorizing the Mayor of the City to accept, on behalf 
of the City, the letter of intent to the City from the 
Borrower dated February 18, 1981; making certain 
legislative findings, among others, concerning the public 
benefit and purpose of the Bond; providing that the 
Bond and the interest thereon shall be limited obliga- 
tions of the City, repayable by the City solely from the 
revenue derived from loan repayment (both principal 



ORDINANCES 265 

and interest) made to the City on account of the Loan 
and from any other monies made available to the City 
for such purpose, and that neither the Bond nor the 
interest thereon shall ever constitute an indebtedness or 
a charge against the general credit or taxing powers of 
the City within the meaning of any constitutional or 
charter provision or statutory limitation and that neither 
shall ever constitute or give rise to any pecuniary lia- 
bility of the City; authorizing the private (negotiated) 
sale of the Bond; prescribing the method of determin- 
ing the rate or rates of interest the Bond is to bear; 
authorizing and empowering the Board of Finance of 
the City (the ''Board"), prior to the issuance, sale and 
delivery of the Bond, to adopt a resolution pursuant to 
which the Board may (1) prescribe the rate or rates of 
interest the Bond is to bear (within the limits herein 
prescribed), and the form, tenor, terms and conditions 
of and security for the Bond, (2) prescribe the actual 
amount, denomination, date, actual maturity (within 
the limits herein prescribed) and the place or places of 
payment of the Bond, and the terms and conditions 
and details under which the Bond may be called for 
redemption prior to its stated maturity, (3) approve 
the form and contents, and authorize the execution and 
delivery (where applicable), of (a) a Loan Agreement 
between the Borrower and the City, (b) a Trust In- 
denture by and among the City, the original purchaser 
of the Bond and a trustee (which may be the original 
purchaser of the Bond), and (c) such other documents 
including (without limitation) mortgages, deeds of trust, 
guaranties and security instruments as the Board shall 
deem necessary to effectuate the issuance, sale and de- 
livery of the Bond, (4) determine the time of execution, 
issuance, sale and delivery of the Bond and prescribe 
any and all other details of the Bond, (5) provide for 
the payment by the Borrower of all costs, fees and ex- 
penses incurred by or on behalf of the City in connection 
with the issuance, sale and delivery of the Bond, and 
(6) do any and all things, and authorize the officials of 
the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and de- 
livery of the Bond; providing that the Borrower shall 
agree to submit certain plans and specifications to, and 



266 ORDINANCES Ord. No. 275 

coordinate with, the Department of Housing and Com- 
munity Development in connection with the construction 
of the buildings; and generally providing for and deter- 
mining various matters and details in connection with 
the authorization, issuance, security, sale and payment of 
the Bond. 

RECITALS 

Subsection 50 of Article II of the Charter of Baltimore 
City (1964 Revision, 1980 Cumulative Supplement) (the 
"Enabling Lav/") authorizes the Mayor and City Council 
of Baltimore (the **City") to issue revenue bonds and 
to loan the proceeds thereof to finance the construction, 
reconstruction or acquisition of property, facilities, de- 
velopments or improvements for the accomplishment of 
any of the purposes, objects and powers of the Mayor 
and City Council. Some of the general objectives of the 
City contemplated by the Enabling Law include the re- 
lief of conditions of unemployment in Baltimore City, 
promoting an increase in business activity and a bal- 
anced economy in Baltimore City promoting economic 
development and encouraging the retention of business 
in the City and promoting the health, safety and welfare 
of the residents of Baltimore City. Mayor and City 
Council of Baltimore has received a letter of intent 
dated February 18, 1981 (the "Letter of Intent") from 
Riverside Realty Company, a Maryland limited partner- 
ship (the "Borrower"), pursuant to which the Borrower 
has requested the City to participate in financing the 
construction by the Borrower of certain commercial 
buildings on land owned by the Borrower, to be located 
in Baltimore City, Maryland (the "Project"), by the 
issuance and sale by the City of its Baltimore City, 
Maryland, Industrial Development Revenue Bond (River- 
side Realty Company Project) 1981 Series, in the prin- 
cipal amount not to exceed $480,000 (the "Bond"), and 
by loaning the proceeds of the Bond to the Borrower 
upon the terms and conditions of a loan agreement to 
be entered into between the City and the Borrower (the 
"Loan Agreement"), as permitted by the Enabling Law 
(such loan being herein referred to as the "Loan"). 

The Project will be constructed on a vacant parcel 
of land owned by the Company adjacent to the Westside 



ORDINANCES 267 

Shopping Center at Warwick and Frederick Avenues in 
Baltimore City and will consist of two commercial struc- 
tures containing approximately 2,300 and 2,500 square 
feet of space, respectively, and which will be leased to 
two commercial tenants for the operation of two con- 
venience food restaurant franchises. 

The Loan Agreement will require the Borrower (a) 
to use the proceeds of the Bond solely to finance the 
acquisition and construction of the Project, and (b) to 
make loan payments which will be sufficient to enable 
the City to pay the principal of and interest and pre- 
mium, if any, on the Bond when and as the same shall 
become due and payable. 

As security for the Bond, the City will enter into a 
Trust Indenture with the original purchaser of the Bond 
(the "Purchaser") J and a trustee (which may be the 
Purchaser) (the 'Trustee"), pursuant to which the City 
will assign to the Purchaser, (among other things) (a) 
all of the City's right, title and interest in and to and 
remedies under the Loan Agreement, including (without 
limitation) any and all collateral referred to therein, 
excepting only the right of the City to indemnification 
by the Borrower and to payments to the City for ex- 
penses incurred by the City itself, (b) the revenues 
of the City from the Loan, (c) certain monies which 
are at any time or from time to time on deposit with 
the Trustee, (d) all right, title and interest in and to 
and remedies with respect to any and all other property 
of every description and nature from time to time by 
delivery or by writing of any kind conveyed, pledged, 
assigned or transferred, as and for additional security 
for the Bond, by the City or by anyone on its behalf or 
with its written consent, to the Purchaser, and (e) all 
of the City's right, title and interest in and to and 
remedies under such other documents, including (with- 
out limitation) mortgages, deeds of trust, guaranties 
and security instruments as the Board of Finance of the 
City (the ''Board") shall deem necessary to effectuate 
the issuance, sale and delivery of the Bond and which 
the Board shall approve by a resolution (the "Resolu- 
tion") to be adopted by the Board prior to the issuance, 
sale and delivery of the Bond. 



268 ORDINANCES Ord. No. 275 

The Bond will be sold to the Purchaser by private 
(negotiated) sale. 

NOW, THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bond by the City 
pursuant to the Enabling Law in order to lend the pro- 
ceeds thereof to the Borrower for the sole and exclusive 
purpose of financing the construction by the Borrower of 
the commercial Project will facilitate and expedite the 
construction of the Project by the Borrower. 

(2) The construction of the Project by the Borrower 
and the financing thereof as provided in this Ordinance will 
promote the following purposes and objects: (a) sustain- 
ing jobs and employment, thus relieving conditions of un- 
employment in the State of Maryland and in Baltimore 
City; (b) assisting in the retention of existing business 
in the State of Maryland and in Baltimore City; (c) pro- 
moting economic development; and (d) promoting the 
health, welfare and safety of the residents of the State of 
Maryland and Baltimore City. 

(3) The Enabling Law permits revenue bond financing 
to be accomplished in the form of a loan by the City to 
the Borrower. The loan form of transaction avoids indirect 
costs and burdens on the City by not requiring any direct 
involvement by the City in the acquisition, ownership or 
administration of the Project, while permitting ample con- 
trols to be imposed on the use of the proceeds of the Bond 
to insure that the public purposes of the Mayor and City 
Council are fully accomplished. It is, therefore, in the best 
interests of the citizens of the City to finance the con- 
struction of the Project by a loan to the Borrower. This 
Ordinance contemplates and authorizes a transaction in the 
form of a loan of the proceeds of the Bond by the City 
to the Borrower, rather than a transaction in the form of 
a lease or sale of the Project. Accordingly, this Ordinance, 
together with the Resolution, the Trust Indenture and the 
Loan Agreement authorized hereby, and the other docu- 



ORDINANCES 269 

ments referred to herein, contains, or shall contain, such 
provisions as the City deems appropriate to effect the 
financing of the construction by the Borrower of the 
Project by the loan form of transaction. 

(4) Neither the Bond nor the interest thereon shall 
ever constitute an indebtedness or general obligation of 
the City or a charge against, or pledge of the general credit 
or taxing powers of the City, within the meaning of any 
constitutional or charter provision or statutory limitation, 
and neither shall ever constitute or give rise to any pe- 
cuniary liability of the City. The Bond and the interest 
thereon shall be a limited obligation of the City, repayable 
by the City solely from the revenues derived from Loan 
repayments (both principal and interest) made to the City 
by the Borrower on account of the Loan and from any 
other monies made available to the City for such purpose. 
The proceeds of the Bond will be deposited with the Trus- 
tee to be held and disbursed by the Trustee as provided 
in the Trust Indenture to be approved by the Board in the 
Resolution. The payments to be made by the Borrower 
pursuant to the Loan Agreement will be paid to the Trustee 
to be held and disbursed as provided in the Trust Inden- 
ture. No such monies will be commingled with the City's 
funds or will be subject to the absolute control of the 
City, but will be subject only to such limited supervision 
and checks as are deemed necessary or desirable by the 
City to insure that the proceeds of the Bond are used to 
accomplish the public purposes of the Enabling Law and 
this Ordinance. This loan form of transaction shall in no 
event constitute a capital project within the meaning of 
any charter or statutory provision. 

(5) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 
any lien and security interest created by the Loan Agree- 
ment, and (c) any interest created by any mortgage or 
deed of trust or other security instrument executed and 
delivered by the Borrower, any guarantor, or any other 
third party as security for the Loan as the Board may 
provide for and approve in the Resolution. The security 



270 ORDINANCES Ord. No. 275 

for the Bond shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligations of the Bor- 
rower to make the payments required by the Loan Agree- 
ment, (b) monies realized from the liquidation of any lien 
and security interest created by the Loan Agreement and 
of any other hen or security interest created with respect 
to any property as security for the Loan or the Bond as 
the Board may provide for and approve in the Resolution, 
and (c) monies realized from any guaranty of the Bond 
or of the Loan as the Board may provide for and approve 
in the Resolution. 

(6) None of the revenues derived by the City from the 
Loan Agreement shall be set aside as a depreciation ac- 
count. Such a depreciation account would (a) be incon- 
sistent with the transaction authorized hereby, and (b) 
place an unreasonable burden on the Borrower so as to 
adversely affect the feasibility of the transaction. The Bor- 
rower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Project during the 
time the Bond is outstanding. Such covenant and agree- 
ment shall include a specific undertaking by the Borrower 
to make all equipment replacements and repairs necessary 
to insure that the security for the Bond shall not be 
impaired. 

(7) The best interests of the City will be served by 
selling the Bond to the Purchaser by private (negotiated) 
sale, upon terms and conditions approved by the Board in 
the Resolution. 

Sec. 2. And be it further ordmned, That the City is 
hereby authorized and empowered to issue, sell and de- 
liver, at any time or from time to time, its Baltimore City, 
Maryland, Industrial Development Revenue Bond (River- 
side Realty Company Project) 1981 Series in the aggre- 
gate principal amount not to exceed 5480,000 subject to the 
provisions of this Ordinance. The proceeds of the Bond 
•will be loaned to the Borrower pursuant to the terms and 
provisions of the Loan Agreement, to be used by the 
Borrower for the sole and exclusive purpose of financing 
the construction of the Project. The Bond and the interest 
thereon shall be a limited obligation of the City, repayable 
by the City solely from the revenue derived from Loan 



ORDINANCES 271 

repa\Tnents (both principal and interest) made to the 
City by the BoiTOwer pursuant to the Loan Agi-eement and 
from any other monies made available to the City for such 
purpose. The security for the Bond shall be solely and 
exclusively provided in Section 1 of this Ordinance. 

Sec. 3. Ajid be it further ordained, That the ]\Iayor of 
the City is hereby authorized and dire<:ted to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue, sell and 
deliver the Bond in accordance ^^ith the teniis and pro- 
visions of this Ordinance. 

Sec. 4. A'/id he it further ordmned, That the Bond shall 
bear the descriptive title ''Baltimore Cit^', ^Maryland, In- 
dustrial Development Revenue Bond (Riverside Realty 
Company Project) 1981 Series", provided, that the de- 
scriptive title miay contain such other descriptive infomia- 
tion as the Board may prescribe in the Resolution. The 
Bond shall bear interest at a rate not exceeding sixty- 
eight per cent (68^^-) of the prime rate of interest per 
annum on commercial loans being charged by the Pur- 
chaser, as the same shall be in effect from time to time, 
pro\'ided that the exact rate or rates of interest shall be 
determined by negotiation with the Purchaser of the Bond 
and shall be prescribed by the Board in the Resolution 
(^rithin the limits herein prescribed). The foregoing rate 
is the applicable rate in effect so long as the interest on 
the Bond is excludable from the gross income of the holder 
under federal income tax law. Except for a holder who is 
a substantial user of the Industrial Building as prorided 
in Section 103 of the Internal Revenue Code or a related 
person as defined in Section 103(b) (6) (C) thereof, in the 
event the interest on the Bond should become includable 
in the gi'oss income of the holder, the rat-e of interest pay- 
able on the unpaid principal amount of the Bond shall not 
exceed twice the foregoing rate, as determined from time 
to time, prorided that the exact rate or rates of such 
interest shall be deteiTnined by negotiation \\'ith the Pur- 
chaser of the Bond and shall be prescribed by the Board 
in the Resolution (\rithin the limits herein prescribed). 
Interest on the Bond shall be payable semi-annually, quar- 
terly, or monthly on dates to be prescribed by the Board 



272 ORDINANCES Ord. No. 275 

in the Resolution. The principal of the Bond shall be 
payable in semi-annual, quarterly, or monthly installments 
on dates and in amount to be prescribed by the Board in 
the Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bond, which may be engraved, printed or typewritten, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board 
may approve in the Resolution. 

Sec. 6. And be it further ordained, That the Bond shall 
be executed in the name of the City and on its behalf by 
the Mayor and the City, by his manual or facsimile signa- 
ture, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Custodian 
of the City Seal by his manual signature. The Loan Agree- 
ment, the Trust Indenture and, where applicable, all other 
documents as the Board shall deem necessary to effectuate 
the issuance, sale and delivery of the Bond, shall be exe- 
cuted in the name of the City and on its behalf by the 
Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof 
shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bond or any 
of the aforesaid documents shall cease to be such officer 
before the delivery of the Bond or any of the other afore- 
said documents, such signature or such facsimile shall 
nevertheless be valid and sufficient for all purposes, the 
same as if such officer had remained in office until delivery. 
The Mayor of the City, the Director of Finance of the 
City, the Custodian of the City Seal and other officials 
of the City are hereby authorized and empowered to do 
all such acts and things and execute such documents and 
certificates as the Board may determine in the Resolution 
to be necessary to carry out and comply with the provi- 
sions hereof. 

Sec. 7. And be it further ordained, That the Bond shall 
be executed, issued and delivered at any time or from 



ORDINANCES 273 

time to time and in such amount or amounts not exceeding, 
in the aggregate, the principal amount of $480,000. 

Sec. 8. And be it further ordained, That the Bond may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent with the terms of this Ordinance), 
and may be payable in such amounts at such times and at 
such place or places as the Board shall prescribe in the 
Resolution. 

Sec. 9. And he it further ordained, That the Bond will 
be subject to redemption prior to maturity upon such terms 
and conditions as the Board shall prescribe in the Reso- 
lution. 

Sec. 10. And he it further ordained, That prior to the 
issuance, sale and delivery of the Bond, the Board shall 
adopt the Resolution pursuant to which the Board may : 

(a) prescribe the form, tenor, terms and conditions of 
and security for the Bond ; 

(b) prescribe the actual amounts, rate or rates of in- 
terest (within the limits herein prescribed), denominations, 
date, actual maturity or maturities, and the place or places 
of payment of the Bond, and the final terms and condi- 
tions and details under which the Bond may be called for 
redemption prior to its stated maturity; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Indenture and (iii) such other 
documents, including (without limitation) mortgages, 
deeds of trust, guaranties and security instruments as the 
Board shall deem necessary to effectuate the issuance, sale 
and delivery of the Bond ; 

(d) determine the time or times of execution, issuance, 
sale and delivery of the Bond and prescribe any and all 
other details of the Bond ; 

(e) provide for the payment by the Borrower of all 
costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery of 
the Bond, including (without Hmitation) costs of printing 
(if any) and issuing the Bond, legal expenses (including 



274 ORDINANCES Ord. No. 275 

the fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
services by or on behalf of the City in connection there- 
with; 

(f) appoint a Trustee or Trustees for purposes of the 
Trust Indenture; and 

(g) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and de- 
livery of the Bond. 

Sec. 11. And he it further ordained, That the Loan 
Agreement shall contain such terms, provisions and con- 
ditions as the Board shall prescribe in the Resolution, 
which may include (without limitation) : 

(a) provisions for the making of the Loan by the 
City to the Borrower and provisions for the repayment by 
the Borrower of the principal of and premium (if any) 
and interest on the Loan ; 

(b) a description of any security for the Loan ; 

(c) such representations, warranties, findings and af- 
firmative and negative covenants as the Board may deter- 
mine to be necessary, proper or expedient in connection 
with the issuance, sale and delivery of the Bond ; 

(d) provisions for the issuance of the Bond, the com- 
mencement and completion of the Project, and the appli- 
cation and disbursement of the proceeds of the Bond ; 

(e) provisions regarding the duration of the term of 
the Loan; 

(f) covenants with respect to the use, maintenance, 
modification, operation and transfer of, and access to, the 
Project and with respect to the use of the proceeds of the 
Bond ; 

(g) provisions regarding the prepayment of the Loan 
by the Borrower ; 

(h) provisions regarding the remedies of the holder of 
the Bond in the event of default; and 



ORDINANCES 275 

(i) such other terms, provisions and conditions as the 
Board may determine to be necessarj^, proper or expedient 
in connection with the issuance, sale and dehvery of the 
Bond. 

Sec. 12. And he it further ordained, That the Trust In- 
denture shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution for the pro- 
tection and enforcement of the rights and remedies of the 
holders of the Bond, which may include (without limi- 
tation) : 

(a) a description of the Bond and the fonn of the 
Bond; 

('b) the manner of execution and transfer of the Bond ; 

(c) the terms and conditions under which the Bond 
may be redeemed prior to its stated maturity and the 
details of the procedure for the redemption of the Bond; 

(d) provisions of the custody and application of and 
security for the proceeds of the Bond and the investment 
of such proceeds ; 

(e) the remedies of the holder of the Bond in the event 
of default; 

(f) the duties, rights and immunities of the Trustee; 

(g) provisions for the defeasance of the Indenture; 
and 

(h) such other teiTns, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 
pedient in connection \\ath the issuance, sale and delivery 
of the Bond. 

Sec. 13. And be it further ordained, That the Bond shall 
be sold to the Purchaser by private (negotiated) sale upon 
such terms and conditions as shall be approved by the 
Board in the Resolution. 

Sec. 14. And be it further ordained, That neither the 
Bond nor the interest thereon shall ever constitute an in- 
debtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 



276 ORDINANCES Ord. No. 275 

within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- 
stitute or g-ive rise to any pecuniary liability on the part 
of the City. The Bond, and the interest thereon, shall be a 
limited obligation of the City, the principal of and interest 
on which Bond shall be payable by the City solely from 
the revenue derived from Loan repayments (both principal 
and interest) made to the City by the Borrower on ac- 
count of the Loan and, to the extent provided by the Board 
in the Resolution, from the proceeds of the Bond, and 
from any other monies made available to the City for such 
purpose. The proceeds of the Bond will be deposited with 
the Trustee to be held and disbursed by the Trustee as 
provided in the Indenture to be approved by the Board in 
the Resolution. The payments to be made by the Borrower 
pursuant to the Loan Agreement will be paid to the 
Trustee to be held and disbursed as provided in the In- 
denture. No such monies will be commingled with the 
City's funds or will be subject to the absolute control of 
the City, but will be subject only to such limited supervi- 
sion and checks as are deemed necessary or desirable by 
the City to insure that the proceeds of the Bond are used 
to accomplish the public purposes of the Mayor and City 
Council and this Ordinance. 

Sec. 15. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bond by those 
who shall hold the Bond from time to time, the City does 
hereby, and shall by the execution and delivery of the Trust 
Indenture to be approved by the Board of Finance, set 
aside and pledge the income and revenue under the Loan 
Agreement (other than payments to the City for indemni- 
fication or to reimburse the City for expenses incurred by 
the City itself) to the Trustee to be used and applied for 
the pajmient of the principal of and premium (if any) and 
interest on the Bond. Pursuant to the terms of the Loan 
Agreement, to be approved by the Board in the Resolution, 
payments sufficient for the prompt payment when due of 
the principal of, premium, if any, and interest on the Bond 
are to be paid by the Borrower to the Trustee for the 
benefit of the holder of the Bond. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that: 



ORDINANCES 277 

(a) It will submit any plans and specifications for the 
acquisition and construction of the Project to the Depart- 
ment of Housing and Community Development for ap- 
proval, with the understanding that, in addition to the 
economic feasibility of the construction of the Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color construction, details, landscaping, exterior 
lighting, streets, sidewalks, and harmony between the plans 
and the surroundings of the proposed Project and that the 
Depaii;ment of Housing and Community Development in 
order to achieve high quality site, buildings, and landscape 
design. 

(b) It and its developers Avill work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 17. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 18. And be it further ordained, That if the Bond 
is not issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bond shall expire; provided, 
however, that if the Board of Finance of the City receives 
assurances of good cause at a public hearing held before 
the Board of Finance, it may extend such authorization for 



278 ORDINANCES Ord. No. 276 

one additional term not to exceed six months. The Board 
of Finance, in its sole discretion, shall determine the 
sufficiency or lack thereof of the reasons presented for 
any requested extension of this Ordinance. If an extension 
is granted, notice of such extension and the reasons there- 
for must be sent to the City Council. 

Sec. 19. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 16, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 276 

(Council No. 578) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BOND— UNITED IRON AND 

METAL COMPANY, INC. 

FOR the puiT)ose of authorizing and empowering Mayor 
and City Council of Baltimore (the *'City'') to issue, sell 
and deliver, at any time or from time to time, its in- 
dustrial development revenue bond, designated ''Balti- 
more City, Maryland, Industrial Development Revenue 
Bond (United Iron and Metal Company, Inc. Project) 
1981 Series", in the principal amount not to exceed 
$500,000 (the ''Bond"), pursuant to the provisions of 
Subsection 50, Article II of the Charter of Baltimore 
City (1964 Revision), in order to loan the proceeds 
thereof (the "Loan") to United Iron and Metal Com- 
pany, Inc., a Maiyland corporation (the "Borrower"), 
for the sole and exclusive purpose of financing the re- 
construction and rehabilitation by the Borrower of a 
commercial building and the acquisition and installation 
of certain machinery and equipment therein, such build- 
ing and machinery and equipment to be located in 
Baltimore City as provided in this Ordinance; authoriz- 



ORDINANCES 279 

ing the Mayer of the City to accept, on behalf of the 
City, the letter of intent to the City from the Borrower 
dated February 18, 1981 ; making certain legislative find- 
ings, among others, concerning the public benefit and 
purpose of the Bond; providing that the Bond and the 
interest thereon shall be limited obligations of the City, 
repayable by the City solely from the revenue derived 
from loan repayment (both principal and interest) made 
to the City on account of the Loan and from any other 
monies made available to the City for such purpose, and 
that neither the Bond nor the interest thereon shall 
ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the City within the 
meaning of any constitutional or charter pro\asion or 
statutory limitation and that neither shall ever consti- 
tute or give rise to any pecuniary liability of the City; 
authorizing the private (negotiated) sale of the Bond; 
prescribing the method of determining the rate or rates 
of interest the Bond is to bear; authorizing and empow- 
ering the Board of Finance of the City (the ''Board"), 
prior to the issuance, sale and deliveiy of the Bond, to 
adopt a resolution pursuant to which the Board may 
(1) prescribe the rate or rates of interest the Bond is 
to bear (within the limits herein prescribed), and the 
form, tenor, terms and conditions of and security for 
the Bond, (2) prescribe the actual amount, denomina- 
tion, date, actual maturity (within the limits herein 
prescribed) and the place or places of pa\Tnent of the 
Bond, and the terms and conditions and details under 
which the Bond may be called for redemption prior to 
its stated maturity, (3) approve the form and contents, 
and authorize the execution and delivery (where ap- 
plicable), of (a) a Loan Agreement between the Bor- 
rower and the City, (b) a Trust Indenture by and among 
the City, the original purchaser of the Bond and a 
trustee (which may be the original purchaser of the 
Bond), and (c) such other documents including (with- 
out limitation) mortgages, deeds of trust, guaranties and 
security instruments as the Board shall deem necessary 
to effectuate the issuance, sale and deliveiy of the Bond, 
(4) determine the time of execution, issuance, sale and 
delivery of the Bond and prescribe any and all other 
details of the Bond, (5) provide for the payment by 



280 ORDINANCES Ord. No. 276 

the Borrower of all costs, fees and expenses incurred 
by or on behalf of the City in connection with the issu- 
ance, sale and delivery of the Bond, and (6) do any and 
all things, and authorize the officials of the City to do 
any and all things, necessary, proper or expedient in 
connection with the issuance, sale and delivery of the 
Bond ; providing that the Borrower shall agree to submit 
certain plans and specifications to, and coordinate with, 
the Department of Housing and Community Develop- 
ment in connection with the construction of the build- 
ings ; and generally providing for and determining vari- 
ous matters and details in connection with the authori- 
zation, issuance, security, sale and payment of the Bond. 

RECITALS 

Subsection 50 of Article II of the Charter of Balti- 
more City (1964 Revision, 1980 Cumulative Supplement) 
(the "Enabling Law'') authorizes the Mayor and City 
Council of Baltimore (the "City") to issue revenue 
bonds and to loan the proceeds thereof to finance the 
construction, reconstruction or acquisition of property, 
facilities, developments or improvements for the accom- 
plishment of any of the purposes, objects and powers 
of the Mayor and City Council. Some of the general 
objectives of the City contemplated by the Enabling 
Law include the relief of conditions of unemplojmient in 
Baltimore City, promoting an increase in business ac- 
tivity and a balanced economy in Baltimore City, pro- 
moting economic development, encouraging the retention 
of business in the City and promoting the health, safety 
and welfare of the residents of Baltimore City. Mayor 
and City Council of Baltimore has received a letter of 
intent dated February 18, 1981 (the "Letter of Intent") 
from United Iron and Metal Company, Inc., a Maryland 
corporation (the "Borrower"), pursuant to which the 
Borrower has requested the City to participate in fi- 
nancing the reconstruction and rehabilitation by the 
Borrower of a commercial building on land owned by 
the Borrower, located in Baltimore City, Maryland to be 
used as the Borrower's corporate headquarters (the 
"Project"), by the issuance and sale by the City of its 
Baltimore City, Maryland, Industrial Development Reve- 



ORDINANCES 281 

nue Bond (United Iron and Metal Company, Inc. Proj- 
ect) 1981 Series, in the principal amount not to exceed 
$500,000 (the ''Bond"), and by loaning the proceeds of 
the Bond to the Borrower upon the terms and conditions 
of a loan agreement to be entered into between the City 
and the Borrower (the ''Loan Agreement"), as permitted 
by the Enabling Law (such loan being herein referred 
to as the "Loan") . 

The Project ^\ill consist of the extensive reconstruc- 
tion and rehabilitation of an existing brick structure 
owned by the Borrower, located at 2545 Wilkens Avenue. 
The stinicture is contiguous to the Borrower's scrap 
metal processing facility which the Borrower has op- 
erated continuously for over fifty years, and will serve 
as the corporate headquarters of the Borrower upon 
completion of the Project. 

The Loan Agreement ^\all require the Borrower (a) 
to use the proceeds of the Bond solely to finance the 
acquisition and construction of the Project, and (b) to 
make loan payments which will be sufficient to enable 
the City to pay the principal of and interest and pre- 
mium, if any, on the Bond when and as the same shall 
become due and payable. 

As security for the Bond, the City A^dll enter into a 
Trust Indenture with the original purchaser of the Bond 
(the "Purchaser"), and a trustee (which may be the 
Purchaser) (the "Trustee"), pursuant to which the 
City \vi\\ assign to the Trustee, (among other things) 
(a) all of the City's right, title and interest in and to 
and remedies under the Loan Agreement, including 
(without limitation) any and all collateral referred to 
therein, excepting only the right of the City to indemni- 
fication by the Borrower and to payments to the City 
for expenses incurred by the City itself, (b) the reve- 
nues of the City from the Loan, (c) certain monies which 
are at any time or from time to time on deposit ^\ith 
the Trustee, (d) all right, title and interest in and to 
and remedies \^dth respect to any and all other property 
of every description and nature from time to time by 
delivery or by \TOting of any kind conveyed, pledged, 
assigned or transferred, as and for additional security 



282 ORDINANCES Ord. No. 276 

for the Bond, by the City or by anyone on its behalf or 
with its written consent, to the Purchaser, and (e) all 
of the City's right, title and interest in and to and 
remedies under such other documents, including (with- 
out limitation) mortgages, deeds of trust, guaranties 
and security instruments as the Board of Finance of 
the City (the "Board") shall deem necessary to effec- 
tuate the issuance, sale and delivery of the Bond and 
which the Board shall approve by a resolution (the 
"Resolution") to be adopted by the Board prior to the 
issuance, sale and delivery of the Bond. 

The Bond will be sold to the Purchaser by private 
(negotiated) sale. 

NOW, THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows: 

(1) The issuance and sale of the Bond by the City 
pursuant to the Enabling Law in order to lend the pro- 
ceeds thereof to the Borrower for the sole and exclusive 
purpose of financing the reconstruction and rehabilitation 
by the Borrower of the Project will facilitate and expedite 
the Project by the Borrower. 

(2) The construction of the Project by the Borrower 
and the financing thereof as provided in this Ordinance will 
promote the following purposes and objects: (a) sustain- 
ing jobs and employment, thus relieving conditions of 
unemployment in the State of Maryland and in Baltimore 
City; (b) assisting in the retention of existing business 
in the State of Maryland and in Baltimore City; (c) pro- 
moting economic development; and (d) promoting the 
health, welfare and safety of the residents of the State of 
Maryland and Baltimore City. 

(3) The EnabHng Law permits revenue bond financing 
to be accomplished in the form of a loan by the City to 
the Borrower. The loan form of transaction avoids indi- 
rect costs and burdens on the City by not requiring any 
direct involvement by the City in the acquisition, owner- 
ship or administration of the Project, while permitting 



ORDINANCES 283 

ample controls to be imposed on the use of the proceeds 
of the Bond to insure that the public puii)oses of the 
Mayor and City Council are fully accomplished. It is, 
therefore, in the best interests of the citizens of the City 
to finance the construction of the Project by a loan to the 
Borrower. This Ordinance contemplates and authorizes a 
transaction in the form of a loan of the proceeds of the 
Bond by the City to the Borrower, rather than a transac- 
tion in the form of a lease or sale of the Project. Accord- 
ingly, this Ordinance, together with the Resolution, the 
Trust Indenture and the Loan Agreement authorized here- 
by, and the other documents referred to herein, contains, 
or shall contain, such provisions as the City deems ap- 
propriate to effect the financing of the construction by the 
Borrower of the Project by the loan form of transaction. 

(4) Neither the Bond nor the interest thereon shall 
ever constitute an indebtedness or general obligation of 
the City or a charge against, or pledge of the general 
credit or taxing povv^ers of the City, within the meaning 
of any constitutional or charter provision or statutory limi- 
tation, and neither shall ever constitute or give rise to 
any pecuniary liability of the City. The Bond and the 
interest thereon shall be a limited obligation of the City, 
repayable by the City solely from the revenues derived 
from Loan repa^Tnents (both principal and interest) made 
to the City by the Borrow^er on account of the Loan and 
from any other monies made available to the City for 
such purpose. The proceeds of the Bond \\dll be deposited 
with the Trustee to be held and disbursed by the Trustee 
as provided in the Trust Indenture to be approved by the 
Board in the Resolution. The payments to be made by the 
Borrower pursuant to the Loan Agreement will be paid 
to the Trustee to be held and disbursed as provided in the 
Trust Indenture. No such monies will be commingled with 
the City's funds or will be subject to the absolute control 
of the City, but wdll be subject only to such limited super- 
vision and checks as are deemed necessary or desirable 
by the City to insure that the proceeds of the Bond are 
used to accomplish the public purposes of the Enabling 
Law and this Ordinance. This loan form of transaction 
shall in no event constitute a capital project within the 
meaning of any charter or statutory provision. 



284 ORDINANCES Ord. No. 276 

(5) The City will acquire no interest in the Project 
other than (a) any general interest in the Borrower's 
property shared by all holders of the Borrower's obliga- 
tions which rank and are secured equally with the Bor- 
rower's obligations pursuant to the Loan Agreement, (b) 
any lien and security interest created by the Loan Agree- 
ment, and (c) any interest created by any mortgage or 
deed of trust or other security instrument executed and 
delivered by the Borrower, any guarantor, or any other 
third party as security for the Loan as the Board may 
provide for and approve in the Resolution. The security 
for the Bond shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligations of the Bor- 
rower to make the pajrments required by the Loan 
Agreement, (b) monies realized from the liquidation of 
any lien and security interest created by the Loan Agree- 
ment and of any other lien or security interest created 
with respect to any property as security for the Loan or 
the Bond as the Board may provide for and approve in the 
Resolution, and (c) monies realized from any guaranty of 
the Bond or of the Loan as the Board may provide for 
and approve in the Resolution. 

(6) None of the revenues derived by the City from 
the Loan Agreement shall be set aside as a depreciation 
account. Such a depreciation account would (a) be incon- 
sistent with the transaction authorized hereby, and (b) 
place an unreasonable burden on the Borrower so as to 
adversely affect the feasibility of the transaction. The 
Borrower shall covenant and agree in the Loan Agreement 
to properly operate and maintain the Project during the 
time the Bond is outstanding. Such covenant and agree- 
ment shall include a specific undertaking by the Borrower 
to make all equipment replacements and repairs necessary 
to insure that the security for the Bond shall not be 
impaired. 

(7) The best interests of the City will be served by 
selling the Bond to the Purchaser by private (negotiated) 
sale, upon terms and conditions approved by the Board in 
the Resolution. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and de- 



ORDINANCES 285 

liver, at any time or from time to time, its Baltimore City, 
Maryland, Industrial Development Revenue Bond (United 
Iron and Metal Company, Inc. Project) 1981 Series in the 
aggregate principal amount not to exceed $500,000 subject 
to the provisions of this Ordinance. The proceeds of the 
Bond will be loaned to the Borrower pursuant to the terms 
and provisions of the Loan Agreement, to be used by the 
Borrower for the sole and exclusive purpose of financing 
the construction of the Project. The Bond and the interest 
thereon shall be a limited obligation of the City, repayable 
by the City solely from the revenue derived from Loan 
repayments (both principal and interest) made to the City 
by the Borrower pursuant to the Loan Agreement and from 
any other monies made available to the City for such pur- 
pose. The security for the Bond shall be solely and ex- 
clusively provided in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That the Mayor of 
the City is hereby authorized and directed to accept the 
Letter of Intent on behalf of the City in order to further 
evidence the commitment of the City to issue, sell and 
deliver the Bond in accordance with the terms and provi- 
sions of this Ordinance. 

Sec. 4. And he it further ordained, That the Bond shall 
bear the descriptive title "Baltimore City, Maryland, In- 
dustrial Development Revenue Bond (United Iron and 
Metal Company, Inc. Project) 1981 Series", provided, that 
the descriptive title may contain such other descriptive 
infoiTnation as the Board may prescribe in the Resolution. 
The Bond shall bear interest at a rate not exceeding 
seventy per cent (70%) of the prime rate of interest per 
annum on commercial loans being charged by the Pur- 
chaser, as the same shall be in effect from time to time, 
provided that the exact rate or rates of interest shall be 
determined by negotiation Avith the Purchaser of the Bond 
and shall be prescribed by the Board in the Resolution 
(within the limits herein prescribed). The foregoing rate 
is the applicable rate in effect so long as the interest on 
the Bond is excludable from the gross income of the holder 
under federal income tax law. Except for a holder who is 
a substantial user of the Industrial Building as provided 
in Section 103 of the Internal Revenue Code or a related 



286 ORDINANCES Ord. No. 276 

person as defined in Section 103(b) (6) (C) thereof, in the 
event the interest on the Bond should become includable 
in the gross income of the holder, the rate of interest pay- 
able on the unpaid principal amount of the Bond shall not 
exceed twice the foregoing rate, as determined from time 
to time, provided that the exact rate or rates of such 
interest shall be determined by negotiation with the Pur- 
chaser of the Bond and shall be prescribed by the Board 
in the Resolution (within the limits herein prescribed). 
Interest on the Bond shall be payable semi-annually, quar- 
terly, or monthly on dates to be prescribed by the Board 
in the Resolution. The principal of the Bond shall be 
payable in semi-annual, quarterly, or monthly installments 
on dates and in amount to be prescribed by the Board in 
the Resolution. 

Sec. 5. And be it further ordained, That the definitive 
Bond, which may be engraved, printed or typewritten, 
shall be in such form, not inconsistent with the Enabling 
Law and the provisions of this Ordinance, as the Board 
may approve in the Resolution. 

Sec. 6. And he it further ordained, That the Bond shall 
be executed in the name of the City and on its behalf by 
the Mayor and the City, by his manual or facsimile sig- 
nature, and by the Director of Finance of the City, by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. The Loan Agree- 
ment, the Trust Indenture and, where applicable, all other 
documents as the Board shall deem necessary to effectuate 
the issuance, sale and delivery of the Bond, shall be exe- 
cuted in the name of the City and on its behalf by the 
Mayor of the City by his manual or facsimile signature, 
and the corporate seal of the City or a facsimile thereof 
shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal by his manual 
signature. In case any officer whose signature or a fac- 
simile of whose signature shall appear on the Bond or 
any of the aforesaid documents shall cease to be such officer 
before the delivery of the Bond or any of the other 
aforesaid documents, such signature or such facsimile shall 



ORDINANCES 287 

nevertheless be valid and sufficient for all purposes, the 
same as if such officer had remained in office until delivery. 
The Mayor of the City, the Director of Finance of the 
City, the Custodian of the City Seal and other officials 
of the City are hereby authorized and empowered to do 
all such acts and things and execute such documents and 
certificates as the Board may determine in the Resolution 
to be necessary to carry out and comply with the provisions 
hereof. 

Sec. 7. And he it further ordained, That the Bond shall 
be executed, issued and delivered at any time or from time 
to time and in such amount or amounts not exceeding, in 
the aggregate, the principal amount of $500,000. 

Sec. 8. And be it further ordained, That the Bond may 
be dated, may be in such denominations, may be of such 
tenor (not inconsistent with the terms of this Ordinance), 
and may be payable in such amounts at such times and at 
such place or places as the Board shall prescribe in the 
Resolution. 

Sec. 9. And be it further ordained. That the Bond will 
be subject to redemption prior to maturity upon such 
terms and conditions as the Board shall prescribe in the 
Resolution. 

Sec. 10. And be it further ordained, That prior to the 
issuance, sale and delivery of the Bond, the Board shall 
adopt the Resolution pursuant to which the Board may: 

(a) prescribe the form, tenor, terms and conditions of 
and security for the Bond ; 

(b) prescribe the actual amounts, rate or rates of 
interest (within the limits herein prescribed), denomina- 
tions, date, actual maturity or maturities, and the place 
or places of payment of the Bond, and the final terms and 
conditions and details under which the Bond may be called 
for redemption prior to its stated maturity; 

(c) approve the form and contents, and authorize the 
execution and delivery (where applicable) of (i) the Loan 
Agreement, (ii) the Trust Indenture and (iii) such other 



288 ORDINANCES Ord. No. 276 

documents, including (without limitation) mortgages, 
deeds of trust, guaranties and security instruments as the 
Board shall deem necessary to effectuate the issuance, sale 
and delivery of the Bond ; 

(d) determine the time or times of execution, issuance, 
sale and delivery of the Bond and prescribe any and all 
other details of the Bond ; 

(e) provide for the payment by the Borrower of all 
costs, fees and expenses incurred by or on behalf of the 
City in connection with the issuance, sale and delivery of 
the Bond, including (without limitation) costs of printing 
(if any) and issuing the Bond, legal expenses (including 
the fees of Bond Counsel) and compensation to any person 
(other than full time employees of the City) performing 
services by or on behalf of the City in connection there- 
with; 

(f ) appoint a Trustee or Trustees for purposes of the 
Trust Indenture; and 

(g) do any and all things, and authorize the officials 
of the City to do any and all things, necessary, proper or 
expedient in connection with the issuance, sale and delivery 
of the Bond. 

Sec. 11. And be it further ordained, That the Loan 
Agreement shall contain such terms, provisions and con- 
ditions as the Board shall prescribe in the Resolution, 
which may include (without limitation) : 

(a) provisions for the making of the Loan by the City 
to the Borrower and provisions for the repayment by the 
Borrower of the principal of and premium (if any) and 
interest on the Loan; 

(b) a description of any security for the Loan; 

(c) such representations, warranties, findings and af- 
firmative and negative covenants as the Board may deter- 
mine to be necessary, proper or expedient in connection 
with the issuance, sale and delivery of the Bond ; 

(d) provisions for the issuance of the Bond, the com- 
mencement and completion of the Project, and the applica- 
tion and disbursement of the proceeds of the Bond ; 



ORDINANCES 289 

(e) provisions regarding the duration of the terms of 
the Loan; 

(f) covenants with respect to the use, maintenance, 
modification, operation and transfer of, and access to, the 
Project and with respect to the use of the proceeds of the 
Bond ; 

(g) provisions regarding the prepayment of the Loan 
by the Borrower ; 

(h) provisions regarding the remedies of the holder of 
the Bond in the event of default; and 

(i) such other teiras, provisions and conditions as the 
Board may determine to be necessary, proper or expedient 
in connection with the issuance, sale and delivery of the 
Bond. 

Sec. 12. And he it further ordained, That the Trust In- 
denture shall contain such terms, provisions and conditions 
as the Board shall prescribe in the Resolution for the pro- 
tection and enforcement of the rights and remedies of 
the holders of the Bond, which may include (without 
limitation) : 

(a) a description of the Bond and the form of the 
Bond ; 

(b) the manner of execution and transfer of the Bond; 

(c) the terms and conditions under which the Bond 
may be redeemed prior to its stated maturity and the de- 
tails of the procedure for the redemption of the Bond ; 

(d) provisions of the custody and application of and 
security for the proceeds of the Bond and the investment 
of such proceeds ; 

(e) the remedies of the holder of the Bond in the event 
of default; 

(f) the duties, rights and immunities of the Trustee; 

(g) provisions for the defeasance of the Indenture; 
and 

(h) such other terms, provisions and conditions as the 
Board may determine to be necessary, appropriate or ex- 



290 ORDINANCES Ord. No. 276 

pedient in connection with the issuance, sale and delivery 
of the Bond. 

Sec. 13. And be it further ordained, That the Bond shall 
be sold to the Purchaser by private (negotiated) sale upon 
such terms and conditions as shall be approved by the 
Board in the Resolution. 

Sec. 14. And he it further ordained, That neither the 
Bond nor the interest thereon shall ever constitute an in- 
debtedness or general obligation of the City or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation, and neither shall ever con- 
stitute or give rise to any pecuniary liability on the part 
of the City. The Bond, and the interest thereon, shall be 
a limited obligation of the City, the principal of and in- 
terest on which Bond shall be payable by the City solely 
from the revenue derived from Loan repayments (both 
principal and interest) made to the City by the Borrower 
on account of the Loan and, to the extent provided by the 
Board in the Resolution, from the proceeds of the Bond, 
and from any other monies made available to the City for 
such purpose. The proceeds of the Bond will be deposited 
with the Trustee to be held and disbursed by the Trustee 
as provided in the Indenture to be approved by the Board 
in the Resolution. The payments to be made by the Bor- 
rower pursuant to the Loan Agreement will be paid to the 
Trustee to be held and disbursed as provided in the Inden- 
ture. No such monies will be commingled with the City's 
funds or will be subject to the absolute control of the City, 
but will be subject only to such limited supervision and 
checks as are deemed necessary or desirable by the City 
to insure that the proceeds of the Bond are used to ac- 
complish the public purposes of the Mayor and City Council 
and this Ordinance. 

Sec. 15. And he it further ordained, That in considera- 
tion of the purchase and acceptance of the Bond by those 
who shall hold the Bond from time to time, the City does 
hereby, and shall by the execution and delivery of the 
Trust Indenture to be approved by the Board of Finance, 
set aside and pledge the income and revenue under the 



ORDINANCES 291 

Loan Agreement (other than payments to the City for in- 
demnification or to reimburse the City for expenses in- 
curred by the City itself) to the Trustee to be used and 
applied for the payment of the principal of and premium 
(if any) and interest on the Bond. Pursuant to the terms 
of the Loan Agreement, to be approved by the Board in the 
Resolution, payments sufficient for the prompt payment 
when due of the principal of, premium, if any, and interest 
on the Bond are to be paid by the Borrower to the Trus- 
tee for the benefit of the holder of the Bond. 

Sec. 16. And be it further ordained, That the Borrower 
shall agree that: 

(a) It will submit any plans and specifications for the 
acquisition and construction of the Project to the Depart- 
ment of Housing and Community Development for ap- 
proval, with the understanding that, in addition to the 
economic feasibility of the construction of the Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site 
plan, architectural treatment, building plans, elevations, 
materials, color construction, details, landscaping, exterior 
lighting, streets, sidewalks, and harmony between the plans 
and the surroundings of the proposed Project and that 
the Department of Housing and Community Development 
in order to achieve high quality site, buildings, and land- 
scape design. 

(b) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 17. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 



292 ORDINANCES Ord. No. 277 

passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 18. And be it further ordained, That if the Bond 
is not issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authorization provided in this Ordinance for the 
City to issue and sell the Bond shall expire; provided, 
however, that if the Board of Finance of the City receives 
assurances of good cause at a public hearing held before 
the Board of Finance, it may extend such authorization for 
one additional term not to exceed six months. The Board 
of Finance, in its sole discretion, shall determine the 
sufficiency or lack thereof of the reasons presented for any 
requested extension of this Ordinance. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. 

Sec. 19. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 16, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 277 
(Council No. 501) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a certain parcel of land and improvements 
no longer needed for public use located at 2670 Kennedy 
Avenue (Former School No. 543) 



ORDINANCES 293 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V Section 5(b) of the 
City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland and described as follows : 

BEGINNING for the same at the point formed by the 
intersection of the northwest side of Kennedy Avenue, as 
now laid out 50 feet wide, and the southwest side of Gor- 
such Avenue, as now laid out 60 feet wide, and running 
thence binding on the southwest side of said Gorsuch Ave- 
nue, Northwesterly 128 feet, more or less, to intersect the 
southeast side of Tyler Street, as now laid out 50 feet 
wide; thence binding on the southeast side of said Tyler 
Street, Southwesterly 90 feet to intersect the northeast 
side of an alley, 20 feet wide ; thence binding on the north- 
east side of said 20 foot alley, Southeasterly 128 feet, more 
or less, to intersect the northwest side of said Kennedy 
Avenue, and thence binding on the northwest side of said 
Kennedy Avenue, Northeasterly 90 feet to the place of 
beginning, and being known as 2670 Kennedy Avenue 
(Former School No. 543). 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 28, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



294 ORDINANCES Ord. No. 278 

No. 278 
(Council No. 253) 

AN ORDINANCE concerning 

HOUSING CODE— REGISTEATION 
OF OWNERS AND MANAGING OPERATORS AGENTS 

FOR the purpose of requiring an annual CONFIDENTIAL 
registration of each rental unit in the Ceity for a fee of 
$10 afi4 , requiring the designation of a AN managing 
operator who is r e sponsibl e iQ¥- the proport}'- AGENT 
AUTHORIZED TO RECEIVE VIOLATION NOTICES 
AND COURT PROCESS, PROVIDING CERTAIN EX- 
CEPTIONS, AND PROVIDING PENALTIES. 

BY adding 

Article 13 — Housing and Urban Renewal 

Subtitle — Housing Code 

Section 309 

Baltimore City Code (1976 Edition, as amended) 

Whereas, It is the intent of the City Council that the ad- 
ditional revenue resulting from the imposition of a regis- 
tration fee on all rental units in the City will be used to 
improve the City's housing inspection services ; now, thor e- 
io^e AND 

WHEREAS, IT IS ALSO THE INTENT OF THE CITY 
COUNCIL THAT THE DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT SHALL NOT 
COLLECT ANY SUCH REGISTRATION FEES UNTIL 
AND UNLESS AN APPROPRIATION HAS BEEN 
MADE FOR THESE IMPROVED INSPECTION SERV- 
ICES ; UQWy THEREFORE AND 

WHEREAS, IT IS IN THE PUBLIC INTEREST TO 
ENCOURAGE REGISTRATION OF DWELLING UNITS 
AND TO PREVENT INVASION OF PRIVACY OF 
LANDLORDS BY PROVIDING FOR THE CONFIDEN- 
TIALITY OF REGISTRATION STATEMENTS; NOW, 
THEREFORE 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 309 be and it is hereby 



ORDINANCES 295 

added to Article 13 of the Baltimore City Code (1976 
Edition, as amended) , title ''Housing and Urban Renewal", 
subtitle ''Housing Code", to read as follows : 

S^^ Registration #/ oumors mid managing operators 

4^ B^ January ^ 19 SI - mid annually thereafter^ every 
oioner o/ a dtvelling wmt sh^ fils a, registration statement 
with the Commissioner fo^ each unit /o^ tohich hs is receiv - 
ing m^ is entitled i^ receive ^i^md mi, a form t^ he provided 
hy- the Commissioner^ 

■fb^ F^^ eaeh ^t ^ental umU there shall he m^ annwil regis - 

annual registration statement, 

4e^ Amf- person becoming mi ottmer of- a, rent a l unit 
during the course of the year shall file ^ registration sta ^ te - 
ment tvithin ^ days of the date of the property transfer, 

■fd)- ¥he registration statement shall contain the folloiu - 
ing information: 

^4^ A description ef the premises hy street number e^ 
otherioise, in such manner €ys te enable the Commissioner te 
fi^d the same, 

4^ ¥he name m^ residence m%d business address ef 
the ewner, If the oioner is €h corporation^ the name amd f^d- 
dmss of the corporation m%d the name m%d address of the 
president, secretary mid registered agent thereof, 

•f^ ¥he name m^ residence mfid busines s address of 
€b natural person 24- y ea- rs of a^s o^ older, who is custom - 
arily present in mi office in the city^ fo^ the purposes of 
transacting b usiness, o¥- who actually resides within the 
city, amd who shall he designated by- the otvner as- the man - 
aging operator in control of the divelling unit amd respon - 
sible fo^ the maAntenance mid operation of the unit in ae- 
cordance with the provisions of this Code, and authorised 
to receive court process on behalf of such oioner in eon^ 
nection with the enforcement of ordinances relating to such 
unit, An otvner who is ^ natural person €md who meets the 
requirement of this subsection as to location of the 9 ^esi - 
dence o¥- place of transacting business of a managing 
operator, may- designate himself €h& managing operator, ¥he 
Commissioner must he notified loithin 4^ days of anry 
change in the designated managing operator, 



296 ORDINANCES Ord. No. 278 

•M- 5^ provisions o/ ihis section shall noi apply i^ 
otuners lohose dio oiling units m^ licensed under ihs p^r^o- 
visions of Chapter i4- of this Code, 

44^ Ami- violation of ths provisions o^ iid& Section S^ 
shcvll b^ deemed a m^ isdemeanor^ mhd upon conviction there - 
fo^ €hny- such oiuner shall bs punishable ehs- provided in S^e- 

Se^ 2t And be H further ordained^ - Th a t this ordinanc e 
shall take effect thirty days from the date Gi its passagOt 

309. REGISTRATION OF OWNERS AND AGENTS 

(A) BY SEPTEMBER 1, 1981 AND ANNUALLY 
THEREAFTER, EVERY OWNER OF A DWELLING 
UNIT, WHETHER OCCUPIED OR VACANT, SHALL 
FILE A REGISTRATION STATEMENT WITH THE 
COMMISSIONER FOR EACH UNIT FOR WHICH HE 
IS RECEIVING OR IS ENTITLED TO RECEIVE RENT 
ON A FORM TO BE PROVIDED BY THE COMMIS- 
SIONER. 

(B) FOR EACH DWELLING UNIT THERE SHALL 
BE AN ANNUAL REGISTRATION FEE OF $10 WITH 
A MAXIMUM FEE OF $1000 PER OWNER OF REC- 
ORD TO BE PAID AT THE TIME THE OWNER FILES 
THE ANNUAL REGISTRATION STATEMENT. ALL 
OWNERS WHOSE DWELLING UNITS ARE LICENSED 
UNDER THE PROVISIONS OF CHAPTER 11 OF THIS 
CODE, AND ALL ELEEMOSYNARY, RELIGIOUS, ED- 
UCATIONAL, BENEVOLENT OR CHARITABLE AS- 
SOCIATIONS AND ALL GOVERNMENTAL AGENCIES 
SHALL FILE A REGISTRATION STATEMENT HERE- 
IN REQUIRED BUT SHALL BE EXEMPT FROM THE 
PAYMENT OF THE FEE FOR THE SAME. 

(C) ANY PERSON BECOMING AN OWNER OF A 
RENTAL UNIT DURING ¥HE COURSE OF ¥HE YEAR 
SHALL FILE A REGISTRATION STATEMENT ON 
THE DATE OF THE PROPERTY TRANSFER. 

(D) THE REGISTRATION STATEMENT SHALL 
CONTAIN THE FOLLOWING INFORMATION: 



ORDINANCES 297 

(1) A DESCRIPTION OF THE PREMISES BY 
STREET NUMBER OR OTHERWISE, IN SUCH MAN- 
NER AS TO ENABLE THE COMMISSIONER TO FIND 
THE SAME. 

(2) THE NAME AND ADDRESS OF THE OWNER 
OF RECORD AND OF THE MANAGING OPERATOR, 
AND, IN ADDITION, IF THE OWNER OR MAN AG- 
ING OPERATOR IS A CORPORATION, THE NAME 
AND ADDRESS OF THE RESIDENT AGENT THERE- 
OF. 

(3) THE NAME AND BUSINESS ADDRESS OF A 
NATURAL PERSON 18 YEARS OF AGE OR OLDER, 
WHO IS CUSTOMARILY PRESENT IN AN OFFICE 
IN THE CITY FOR THE PURPOSES OF TRANSACT- 
ING BUSINESS, OR WHO ACTUALLY RESIDES WITH- 
IN THE CITY, AND WHO SHALL BE DESIGNATED 
BY THE OWNER AS HIS AUTHORIZED AGENT FOR 
RECEIVING NOTICES OF VIOLATIONS PURSUANT 
TO SECTION 301 OF THIS CODE AND FOR RECEIV- 
ING COURT PROCESS ON BEHALF OF SUCH OWNER 
IN CONNECTION WITH THE ENFORCEMENT OF OR- 
DINANCES RELATING TO SUCH UNIT. AN OWNER 
WHO IS A NATURAL PERSON AND WHO MEETS 
THE REQUIREMENT OF THIS SUBSECTION AS TO 
LOCATION OF THE RESIDENCE OR PLACE OF 
TRANSACTING BUSINESS, MAY DESIGNATE HIM- 
SELF AS AGENT. 

THE COMMISSIONER MUST BE NOTIFIED WITH- 
IN 10 DAYS OF ANY CHANGE IN THE DESIGNATED 
MANAGING OPERATOR OR AGENT. 

.fS^ THE- PROVISIONS FOR AN ANNUAL REGIS 
T RAT I ON FEE lU 300(B) SHALL NQ^ APPLY TIQ 
OWNERS WHOSE DWELLING UNITS ARE LICENSED 
UNDER ¥HE PROVISIONS OF- CHAPTER U- OF- ¥HIS 
CODE. 

4F^ (E) THE WRITTEN REGISTRATION STATE- 
MENTS REQUIRED BY THIS SECTION SHALL BE 
HELD AS CONFIDENTIAL RECORDS AND SHALL 
NOT BE OPEN TO THE PUBLIC. 

4^ (F) ANY VIOLATION OF THE PROVISIONS OF 
THIS SECTION 309 SHALL BE DEEMED A MISDE- 



298 ORDINANCES Ord. No. 278 

MEANOR, AND UPON CONVICTION THEREFOR, 
ANY SUCH PERSON SHALL BE PUNISHABLE AS 
PROVIDED IN. SECTION m^ OF- TMIS CODE BY 
A FINE OF UP TO $300 FOR EACH DAY OF VIOLA- 
TION. ANY OWNER OF A RENTAL UNIT, SUBJECT 
TO THIS SECTION, WHO SHALL FAIL TO FILE A 
REGISTRATION STATEMENT AS REQUIRED BY 
THIS SECTION SHALL BE LIABLE ¥Q TWS- PENAL 
aims PROVIDED IN TUI^ ARTICLE ^ FOR SAID 
PENALTY WITHOUT NOTICE, AND THE PROVI- 
SIONS OF SECTION 301 OF CHAPTER 3 OF ARTICLE 
13 SHALL NOT APPLY. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE PROVISIONS OF THIS ORDINANCE ARE SEV- 
ERABLE, AND IF ANY PROVISION, SENTENCE, 
CLAUSE, SECTION OR PART HEREOF IS HELD IL- 
LEGAL, INVALID OR UNCONSTITUTIONAL OR IN- 
APPLICABLE TO ANY PERSON OR CIRCUM- 
STANCES, SUCH ILLEGALITY, INVALIDITY OR UN- 
CONSTITUTIONALITY, OR INAPPLICABILITY SHALL 
NOT AFFECT OR IMPAIR ANY OF THE REMAINING 
PROVISIONS, SENTENCES, CLAUSES, SECTIONS, OR 
PARTS OF THIS ORDINANCE OR THEIR APPLICA- 
TION TO OTHER PERSONS OR CIRCUMSTANCES. 
IT IS HEREBY DECLARED TO BE THE LEGISLA- 
TIVE INTENT THAT THIS ORDINANCE WOULD 
HAVE BEEN PASSED IF SUCH ILLEGAL, INVALID 
OR UNCONSTITUTIONAL PROVISION, SENTENCE, 
CLAUSE, SECTION OR PART HAD NOT BEEN IN- 
CLUDED HEREIN, AND IF THE PERSON OR CIR- 
CUMSTANCES TO WHICH THIS ORDINANCE OR 
ANY PART HEREOF ARE INAPPLICABLE HAD 
BEEN SPECIFICALLY EXEMPTED HEREFROM. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT 
THIS ORDINANCE SHALL TAKE EFFECT JULY 1, 
1981. 

Approved April 30, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 299 

No. 279 
(Council No. 254) 

AN ORDINANCE concerning 

HOUSING CODE— NON-RESIDENT OWNERS 

FOR the purpose of making operators AND CERTAIN 
CORPORATE OFFICERS AS WELL AS OWNERS of 
a property responsible for compliance with the Housing 
Code, providing that certain property owned by a non- 
resident owner can be repaired by Housing and Com- 
munity Development after notice and providing for 
notice of this procedure to non-resident operations 
OWNERS. 

BY adding 
Article 13 — Housing and Urban Renewal 
Subtitle — Housing Code 
Sections 309, 310 and 311 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Sections 309, 310 and 311 be and 
they are hereby added to Article 13 of the Baltimore City 
Code (1976 Edition, as amended) title "Housing and Ur- 
ban Renewal", subtitle ''Housing Code", to read as follows : 

309. Responsibility for Compliance with Code Provisions 

(a) . Responsibility of Owners and Operators 

Any person who is either an owner or operator of a 
property subject to this Code shall be responsible for com- 
pliance ivith all of the provisions of this Code. No owner 
or operator shall be responsible for compliance tvith Chap- 
ter IX "Responsibilities of Occupants'' unless that person 
also is an occupant of the property. Where, such as in 
Chapter X, this Code states a responsibility to be that of 
the otvner, it shall also be that of any person tvho is an 
operator of the property in his behalf. An owner shall be 
held liable for all violations of this Code, in connection with 
any land, buildings, structure, or matter or thing oivnjed or 
operated by him, and for any expenses incurred by the 
Mayor and City Council pursuant to Sections 302, 308, or 
310 of this Code. 



300 ORDINANCES Ord. No. 279 

(h). Responsibility of Corporate Offlcers and Directors. 
Whenever a corporation shall violate any of the provisions 
of this Code, such violation shall be deemed to be also that 
of the individtoal directors, officers or agents m^ OF such cor- 
poration who shall have authorized, ordered or done any of 
the acts constituting in whole or in part such violation or 
who shall knowingly have acquiesced in any failure to act 
constituting in whole or in part such violation, and such 
violation shall be deemed a misdemeanor, and upon con- 
viction therefor, any such director, officer or agent shall be 
punishable to the same extent as is provided in Section 
307 of this Code. 

310. N on-Resident Owners 

(a). When any person, who (1) IS NOT A MARY- 
LAND CORPORATION, OR A MARYLAND PARTNER- 
SHIP, GENERAL OR LIMITED, miks^ i» noi NOR a legal 
resident of the State of Maryland or has not physically 
resided in the State of Maryland for at least six (6) months 
of the preceding year, who (2) also is an owner of property 
or properties containing any occupied residential unit 
used for other than his personal residence, is determined by 
the Commissioner of Housing and Community Develop- 
ment to have failed to comply with any order for the cor- 
rection of violations or for the performance of any other 
act that may be required, issued by the Commissioner pur- 
suant to this Code, with regard to any property subject 
to this Code, within the time and manner prescribed by 
said order, then the Commissioner of Housing and Com- 
munity Development, subject to the provisions of Section 
30A, may proceed to execute the order through his officers, 
agents, employees, or contractors by making such repairs, 
or taking such other actions as the Commissioner finds to 
be necessary to correct said violation or violations in oc- 
cupied residential units and/or public areas within or 
about any property containing any occupied residential 
unit(s). Entry for the making of such repairs, or the 
taking of such other action, shall be made only with the 
consent of a party with apparent control of the subject 
premises, or by order of the court. 

(b). The provisions of Paragraph (a) above shall not 
apply to any person who, within sixty (60) days of the 



ORDINANCES 301 

effective date of this ordinance, or within 10 days of the 
service of any notice of violations or other order issued 
pursuant to this Code, shall (1) appoint and retain as an 
operator of any property or properties subject to this Code 
a full-time resident of the State of Maryland OR MARY- 
LAND CORPORATION OR MARYLAND PARTNER- 
SHIP, GENERAL OR LIMITED, with authoHty to collect 
rents, to make repairs, and to make expenditures from any 
rental receipts of the owner within his control to correct 
any violations in, on, or about the property, of any housing, 
building, zoning, fire, or public health code of the City of 
Baltimore, and (2) notify in writing the Commissioner 
of Housing and Community Development of such appoint- 
ment, stating the name and address of the appointee, pro- 
vided also that he shall similarly notify the Commissioner 
within ten (10) days of any change or termination of said 
appointment or retention. THEREAFTER, IF THE OP- 
ERATOR OF ANY PROPERTY OR PROPERTIES 
SHALL FAIL TO COMPLY WITH ANY ORDER FOR 
THE CORRECTION OF VIOLATIONS OR FOR THE 
PERFORMANCE OF ANY OTHER ACT THAT MAY 
BE REQUIRED, ISSUED BY THE COMMISSIONER 
PURSUANT TO THIS CODE, WITH REGARD TO ANY 
PROPERTY SUBJECT TO THIS CODE, WITHIN THE 
TIME AND MANNER PRESCRIBED BY SAID ORDER, 
THEN THE COMMISSIONER OF HOUSING AND 
COMMUNITY DEVELOPMENT, SUBJECT TO THE 
PROVISIONS OF SECTION 30^, MAY PROCEED TO 
EXECUTE THE ORDER THROUGH HIS OFFICERS, 
AGENTS, EMPLOYEES, OR CONTRACTORS BY MAK- 
ING SUCH REPAIRS OR TAKING SUCH OTHER AC- 
TIONS AS THE COMMISSIONER FINDS TO BE 
NECESSARY TO CORRECT SAID VIOLATION OR VI- 
OLATIONS IN OCCUPIED RESIDENTIAL UNITS 
AND/OR PUBLIC AREAS WITHIN OR ABOUT ANY 
PROPERTY CONTAINING ANY OCCUPIED RESIDEN- 
TIAL UNIT(S). ENTRY FOR THE MAKING OF SUCH 
REPAIRS, OR THE TAKING OF SUCH OTHER AC- 
TION, SHALL BE MADE ONLY WITH THE CONSENT 
OF A PARTY WITH APPARENT CONTROL OF THE 
SUBJECT PREMISES, OR BY ORDER OF COURT. 

311. Notice to owners of responsibility under Section 310. 



302 ORDINANCES Ord. No. 280 

(a) . Whenever the Commissioner determines that there 
is reason to believe that an owner of any property is sub- 
ject to the requirements of Section 310(a), he may cav^e 
to be sent to such person by certified mail a notice, in such 
form and manner as he shall determine, that said person is 
believed to be an owner subject to Section 310(a) of this 
Code. If said person fails to respond in writing to the 
Commissioner within 15 days of the issuunce of this notice, 
stating grounds luhy he is not subject to the requirement of 
Section 310(a), he shall then be liable to the same extent 
as any owner subject to that requirement for any costs 
incurred by the Mayor and City Council for work done 
pursuxint to Section 310(a), and the Commissioner of 
Housing and Community Development, his officers, agents, 
employees and contractors shall be free from any liability 
which may arise if said person is not in fact otherwise sub- 
ject to the requirement of Section 310(a). 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect thirty 4^zs from ttie 4at© of its passage 
JULY 1, 1981. 

Approved April 30, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 280 
(Council No. 282) 

AN ORDINANCE concerning 

LANDLORD-TENANT— RENT INCREASES 

FOR the purpos e oi prohibiting a ^est increas e fe^p aay 
rental m^ which is iy^ m substantial compliance wi^ 
the Baltimore Ci^ Housing Cod e . 

FOR THE PURPOSE OF PROHIBITING OR DELAY- 
ING A RENT INCREASE FOR A DWELLING OR 
ROOMING UNIT WHEN THE LANDLORD FAILS TO 
CORRECT HOUSING CODE VIOLATIONS WITHIN 
A CERTAIN TIME PERIOD. 



ORDINANCES 303 

BY adding to 

Article 13 — Housing and Urban Renewal 

Section 56 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore. That Section 56 be and it is hereby added to 
Article 13 of the Baltimore City Code (1976 Edition, as 
amended), title ''Housing and Urban Renewal", to come 
under the new subtitle ''Rent Increases", and to read as 
f ollow^s : 

Rent Increases 

56. Certain increases prohibited. 

A. For the purposes of this section, the folloiving ivords 
have the meanings indicated. 

(1) THE TERM "DWELLING UNIT' MEANS A 
ROOM OR GROUP OF ROOMS FORMING A SINGLE 
HABITABLE UNIT OCCUPIED BY ONE OR MORE 
PERSONS WITH FACILITIES WHICH ARE USED OR 
INTENDED TO BE USED EXCLUSIVELY BY THE 
OCCUPANTS OF SUCH UNITS FOR LIVING, SLEEP- 
ING, EATING AND COOKING, AND INCLUDES ANY 
COMMON AREA NEEDED FOR THE USE AND EN- 
JOYMENT OF THE UNIT. 

4^ (2) The term "landlord'' means an oivner, lessor, 
sublessor, assignee, or agent of any thereof or other person 
receiving or entitled to receive rents, or benefits for the 
use or occupancy of any rentcil DWELLING OR ROOM- 
ING unit, including any person ivho has an option to buy 
or who has entered into a contract to buy any rental 
DWELLING OR ROOMING unit tvith the intent to offer 
such 9=sni^ DWELLING OR ROOMING unit for rent. 

4^ (3) The term "rental fee" means the entire amount 
of money, money's ivorth, benefit, bonu^, or gratuity de- 
manded, received, or charged by a landlord as a condition 
of occupancy or use of a rental DWELLING OR ROOM- 
ING unit, its related services, and its related facilities. 

(U) THE TERM "SERIOUS DEFECT" MEANS A 
CONDITION WHICH CONSTITUTES, OR IF NOT 



304 ORDINANCES Ord. No. 280 

PROMPTLY CORRECTED WILL CONSTITUTE, A 
FIRE HAZARD OR A SERIOUS AND SUBSTANTIAL 
THREAT TO THE LIFE, HEALTH OR SAFETY OF 
OCCUPANTS, INCLUDING, BUT NOT LIMITED TO: 

(A) LACK OF HEAT, OF LIGHT, ELECTRICITY, 
OR OF HOT OR COLD RUNNING WATER, EXCEPT 
WHERE THE TENANT IS RESPONSIBLE FOR THE 
PAYMENT OF THE UTILITIES AND THE LACK 
THEREOF IS THE DIRECT RESULT OF THE TEN- 
ANT'S FAILURE TO PAY THE CHARGES; OR 

(B) LACK OF ADEQUATE SEWAGE DISPOSAL 
FACILITIES; OR 

(C) INFESTATION OF RODENTS IN A DWELL- 
ING UNIT (EXCEPT IF THE PROPERTY IS A ONE- 
FAMILY DWELLING); OR 

(D) THE EXISTENCE OF PAINT CONTAINING 
LEAD PIGMENT ON SURFACES WITHIN THE 
DWELLING UNIT; OR 

(E) THE EXISTENCE OF ANY STRUCTURAL DE- 
FECT WHICH PRESENTS A SERIOUS AND SUB- 
STANTIAL THREAT TO THE PHYSICAL SAFETY OF 
THE OCCUPANTS; OR 

(F) THE EXISTENCE OF ANY CONDITION 
WHICH PRESENTS A HEALTH OR FIRE HAZARD 
TO THE DWELLING UNIT. 

■fS^ (5) The term "tenant" includes a tenant, subten- 
ant, lessee, sublessee, or other person entitled to the pos- 
session, occupancy or the benefits thereof, of any rental 
DWELLING unit. 

Bt N^ landlord, unless the Court othertoise orders , ^mmi- 
increase any c ental ^ fo^ any residential premises luhich 
is- used €b» a residence b^ a tenant tohen the residence h€b» 
G^ outstanding violation notice issued hy- the Department 
of- Housing and Community Development, provided th^ht 
such noncompliance is not the result of tenant neglect e¥- 
misconduct. 

Qt If a landlord attempts to increase a rental fee tuhen 
there is wn outstcMding violation notice en the residential 



ORDINANCES 305 

promises, the QUy- Solicitor on behalf of iho M^^m^ and 
GUy- Council of Baltimore m^ ss^ and obtain in an action 
in iho appropriate court an injunction prohibiting tho land - 
Ig^ from increasing iho rental fes until tho violation notice 
hg^ been abated, Prior to seeking tho injunction, tho GiUf- 
Solicitor &haU notify iho landlord a-nd effected tenant (s) 
and generally indicate tho relief sought, Notification shall 
bo served ai least seven days prior to iho institution of tho 
action, ¥ho Court may- make iho orders or- judgments 
necessary to prevent the unlatvful increase of a rental foo 
0¥- to restore io a tenant an^ money acquired in violation 
of this- section fo¥- damages. 

B. WHEN m ¥ME- COURSE OF- A REGULAR, 
SCHEDULED INSPECTION AS A RESULT OF ANY 
INSPECTION NOT GENERATED BY A TENANT 
COMPLAINT, A LANDLORD RECEIVES A VIOLA- 
TION NOTICE CITING A SERIOUS DEFECT, THEN 
THE LANDLORD CANNOT INCREASE THE RENTAL 
FEE FOR THOSE PREMISES UNTIL THE DEFECTS 
ARE CORRECTED AND THE NOTICE ABATED. IF 
THE SERIOUS DEFECTS CITED IN THE NOTICE 
ARE REPAIRED AND THE NOTICE ABATED WITH- 
IN m 30 DAYS FROM THE DATE OF THE FIRST 
EXPIRATION OF THE NOTICE, THEN THE IN- 
CREASE IN THE RENTAL FEE SHALL BE DEEMED 
TO BEGIN, AND BE FULLY AND FINALLY EFFEC- 
TIVE FOR THE BALANCE OF THE TERM OF THE 
LEASE FROM AND AFTER THE DATE OF THE 
ABATEMENT OR AT THE TIME OF THE LEASE RE- 
NEWAL, WHICHEVER TIME COMES LATER. IF THE 
DEFECTS ARE LESS THAN SERIOUS, THEN THEY 
MUST BE REPAIRED WITHIN 60 DAYS FROM THE 
DATE OF THE EXPIRATION OF THE NOTICE. IF 
LESS THAN SERIOUS DEFECTS ARE NOT RE- 
PAIRED WITHIN THE 60-DAY PERIOD, THEN THE 
RENTAL FEE SHALL REVERT TO THE FEE 
CHARGED AT THE TIME OF THE VIOLATION NO- 
TICE. IF THE DEFECTS ARE NOT REPAIRED AFTER 
WITHIN THE m 30-DAY PERIOD FOR SERIOUS DE- 
FECTS OR THE 60-DAY PERIOD FOR LESS THAN 
SERIOUS DEFECTS, THEN THE LANDLORD SHALL 
BE PROHIBITED FROM INCREASING THE RENTAL 



306 ORDINANCES Ord. No. 280 

FEE UNTIL 6 MONTHS AFTER THE DATE OF 
ABATEMENT. WHEN THE LANDLORD RECEIVES 
NOTICE OF EXTERIOR VIOLATIONS BETWEEN OC- 
TOBER 1 AND APRIL 1 FOR REPAIRS WHICH RE- 
QUIRE AN AIR TEMPERATURE OF 50 DEGREES 
FAHRENHEIT OR ABOVE, FOR THESE DEFECTS 
ONLY THE ABOVE 60-DAY PERIOD SHALL BE 
DEEMED TO EXPIRE ON JUNE 1. 

C. WHEN A TENANT COMPLAINT RESULTS IN 
A LANDLORD RECEIVING A VIOLATION NOTICE, 
IN ORDER FOR THE LIMITATIONS AND RESTRIC- 
TIONS IN SECTION B ABOVE TO APPLY TO A LAND- 
LORD, EITHER 1) THE WRITTEN VIOLATION NO- 
TICE MUST BE ISSUED MORE THAN 60 DAYS BE- 
FORE THE INCREASE IS TO TAKE EFFECT, OR 2) 
THE TENANT MUST HAVE FILED A WRITTEN COM- 
PLAINT WITH THE COMMISSIONER, WITH A COPY 
THEREOF TO THE LANDLORD, PRIOR TO RECEIV- 
ING A RENT INCREASE NOTICE. FOR THE PURPOSE 
OF THE TENANTS RIGHTS UNDER THIS SECTION, 
ANY NOTICE OF A RENT INCREASE IS PRESUMED 
TO BE RECEIVED BY THE TENANT NO EARLIER 
THAN 60 DAYS PRIOR TO THE EXPIRATION OF 
THE LEASE , UNLESS A LEASE PROVIDES FOR A 
LONGER NOTICE REQUIREMENT NOT TO EXCEED 
90 DAYS. 

D. THE PROVISIONS OF THIS SECTION DO NOT 
LIMIT THE RIGHT OF A LANDLORD TO AN AD- 
MINISTRATIVE REVIEW AS PROVIDED IN SECTION 
305 OF ¥MIS CODE THE HOUSING CODE OF BALTI- 
MORE CITY. 

E. A TENANT MAY SEEK RELIEF FROM AN AP- 
PROPRIATE COURT TO RESTRAIN OR ENJOIN ANY 
VIOLATION OF THE PROVISIONS OF THIS LAW. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect January ^ JULY 1, 1981. 

Approved April 30, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 307 

No. 281 
(Council No. 487) 

AN ORDINANCE concerning 

CITY STREET — CLOSING CERTAIN STREETS AND 

ALLEYS OR PORTIONS THEREOF LYING WITHIN 

THE AREA OF THE OLDTOWN URBAN 

RENEWAL PROJECT 

FOR the puii3ose of condemning and closing a portion of 
Orleans Street, 120 feet wide, contiguous to the north 
side thereof and extending from Forrest Street, 60 feet 
wide. Westerly 303.81 feet, more or less, in accordance 
with a plat thereof numbered 314-A-6 prepared by the 
Surveys and Records Division and filed in the Office of 
the Depaiiment of Public Works, on the Seventeenth 
(17th) day of November, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close a portion of Orleans Street, 120 feet wide, con- 
tiguous to the north side thereof and extending from 
Forrest Street, 60 feet \yide, Westerly 303.81 feet, more 
or less, the portion of street hereby directed to be con- 
demned for said closing being described as follows: 

Beginning for the same at the point formed by the inter- 
section of the west side of Forrest Street, 60 feet wide as 
shown on the Amended Oldtown Project Final Subdivision 
Plan recorded among the Land Records of Baltimore City 
in the plat records R.H.B. No. 2527 and the north side 
of Orleans Street, 120 feet wide as sho\\Ti on said Amended 
Final Subdivision Plan and running thence binding on 
the west side of said Forrest Street, South 02°-39'-50" 
East 3.95 feet: thence binding on the northwest, north. 



308 ORDINANCES Ord. No. 281 

northeast and east sides of Orleans Street varying in 
width the five following courses and distances; namely, 
South 42°-23'-41" West 14.16 feet, South 87°-27'-10" 
West 144.56 feet, by a line curving to the left with a 
radius of 1341.25 feet the distance of 148.85 feet which 
arc is subtended by a chord bearing South 84°-16'-25.5" 
West 148.77 feet. North 50°-43'-34" West 14.91 feet and 
North 02^-32^-50" West 12.28 feet to the north side of 
Orleans Street mentioned firstly herein and thence bind- 
ing on the north side of Orleans Street mentioned firstly 
herein North 87°-27'-10" East 314.20 feet to the place of 
beginning. 

the said poition of Orleans Street as directed to be con- 
demned being delineated and particularly shown on a 
plat numbered 314-A-6 which was filed in the Office of 
the Department of Public Works on the Seventeenth (17th) 
day of November, in the year 1980, and is now on file in 
said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall desire to remove, alter or 
interfere therewith, such person, firm or corporation shall 
first obtain permission and permits therefore from the 
Mayor and City Council of Baltimore, and shall in the 
application for such permission and permits agree to pay 
all costs and charges of every kind and nature made 
necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings 
or structures of any kind shall be constructed or erected 
in said portion of said highway or highways after the 
same shall have been closed under the provisions of this 
Ordinance until the subsurface structures and appurte- 
nances now owned by the Mayor and City Council of 
Baltimore, over which said buildings or structures are 



ORDINANCES 309 

proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in ac- 
cordance with the specifications and under the direction 
of the Director of Public Works of Baltimore City, and 
at the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the mean- 
ing of this section. 

Sec. 4. And he it further ordained, That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense 
of the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of in- 
spection, maintenance, repair, alteration, relocation and/or 
replacement, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owner or owners of said land. 

Sec. 6. And be it further ordained. That the proceed- 
ings of said Department of Public Works with reference 
to the condemnation and closing of said portion of Orleans 
Street and the proceedings and rights of all parties inter- 
ested or affected thereby, shall be regulated by, and be in 
accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore City (1964 Revision) as 
amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General As- 
sembly of Maryland, and any and all ordinances of the 
Mayor and City Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 



310 ORDINANCES Ord. No. 282 

the Director of Public Works and filed with the Depart- 
ment of Legislative Reference. 

Sec. 7. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved May 4, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 282 
(Council No. 515) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF HOSPITALS 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Ninety Thousand 
Seven Hundred Fifty Dollars ($90,750) to the Depart- 
ment of Hospitals to be used for additional operating 
expenses of the Mason F. Lord Building. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(1) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
revenue produced by Hospital Charges to Patients for care 
in the Mason F. Lord Building in excess of the revenue 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1981 fiscal year and is therefore available for ap- 
propriation to the Department of Hospitals pursuant to 
the provisions of Article VI, Section 2(h) (1) of the Bal- 
timore City Charter (1964 Revision as amended) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 



ORDINANCES 311 

been made at a regular meeting of said Board lield on the 
4th day of February, 1981, all in accordance with Article 
VI, Section 2(h) (1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(1) of the 1964 Revision of the Charter of 
Baltimore City as amended, the sum of Ninety Thousand 
Seven Hundred Fifty Dollars ($90,750) shall be made 
available to the Department of Hospitals of the City of 
Baltimore as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1981 for the purpose of 
additional expenses of the Mason F. Lord Building. The 
amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue derived 
from Hospital Charges to Patients for care in the Mason 
F. Lord Building in excess of the amount from this source 
which was estimated or relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1981 fiscal year; and said funds from said 
Hospital Charges shall be the source of revenue for this 
supplementary general fund appropriation, as required by 
Article VI, Section 2(h) (1) of the Baltimore City Charter 
(1964 Revision as amended). 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 4, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 283 
(Council No. 88) 

AN ORDINANCE concerning 

URBAN RENEWAL— MOUNT ROYAL PLAZA- 
AMENDMENT NO. 11 

FOR the purpose of amending the Renewal Plan for Mount 
Royal Plaza, to, among other things: (1) prohibit sand- 



312 ORDINANCES Ord. No. 283 

blasting as a means of cleaning masonry facades on all 
properties within the area and provide a penalty for viola- 
ting this prohibition; (2) provide for review by the De- 
partment of Housing and Community Development of all 
plans for new construction, exterior rehabilitation, change 
in use, or demolition of properties within the Mount Royal 
Plaza area; -H)- (3) provide for review of development by 
the Department of Housing and Community Development 
and the community; -(^ (4) eliminate the semi-public 
land use category; -(^ (5) subdivide and create disposi- 
tion lots for recreational and residential uses; -(^ (6) 
increase the size of Disposition Lot 6 by including a por- 
tion of the Cathedral Street right-of-way; -(^ (7) indi- 
cate an easement along the northwestern portion of Dis- 
position Lots 7A1, 7A2, and 7 A3 to provide access to 
Disposition Lot 9C; -W- (8) change the land use of and 
provide standards and controls for certain disposition 
lots; (10) (9) provide standards which are to be applied 
to properties to be acquired and properties which are not 
to be acquired; (11) (10) revise and/or delete certain 
Exhibits attached to the Plan to reflect the changes pro- 
posed herein; (12) (11) waive such requirements, if any, 
as to content or procedure for the preparation, adoption, 
and approval of renewal plans as set forth in Article 13 
of the Baltimore City Code (1976 Edition, as amended), 
which the Renewal Plan for Mount Royal Plaza may not 
meet; (13) (12) provide for the separability of various 
parts and applications OF this ordinance; (14) (13) pro- 
vide that where the provisions of this ordinance shall 
conflict with any other ordinance, code or regulation in 
force in the City of Baltimore, the provision which es- 
tablishes the higher standard shall prevail; and (15) 
(14) provide for an effective date hereof. 

Whereas, An Urban Renewal Plan for Mount Royal 
Plaza was approved by the Mayor and City Council of Bal- 
timore by Ordinance No. 828, dated April 11, 1957, and 
was last amended by a minor amendment, approved by the 
Board of Estimates on October 18, 1978 ; and 

Whereas, pursuant to Article 13 of the Baltimore City 
Code (1976 Edition, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval 
by ordinance, without such change or changes first being 



ORDINANCES 313 

adopted and approved in the same manner as set forth in 
said Article 13 for the approval of an urban renewal plan, 
namely the preparation of such change or changes by the 
Department of Housing and Community Development, the 
approval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set 
forth in said Article 13 ; and 

Whereas, extensive changes in the Urban Renewal Plan 
make it infeasible to make line-by-line changes; therefore, 
the Department of Housing and Community Development 
has prepared an amended Renewal Plan for Mount Royal 
Plaza; and 

Whereas, said Amendment No. 11 to the Urban Renewal 
Plan for Mount Royal Plaza has been approved by the 
Director of the Department of Planning with respect to its 
conformity as to the Master Plan, the detailed location of 
any public improvements proposed in the amended Renewal 
Plan, its conformity to the rules and regulations for sub- 
divisions, and its conformity to existing zoning districts; 
and said Amendment No. 11 to the Renewal Plan has been 
approved and recommended to the Mayor and City Council 
of Baltimore by the Commissioner of the Department of 
Housing and Community Development; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Urban Renewal Plan for 
Mount Royal Plaza, identified as ''Urban Renewal Plan, 
Mount Roval Plaza . . . revised to include Amendment No. 
11, dated November 16, 1979 AND REVISED APRIL 13, 
1981", is hereby approved and the Clerk of the City Coun- 
cil is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Refer- 
ence as a permanent public record and to make the same 
available for public inspection and information. 

Sec. 2. And he it further ordained, That the cleaning of 
masonry facades on all properties in Mount Royal Plaza 
by means of sandblasting shall not be permitted. 

Sec. 3. And he it further ordained. That any person guilty 
of violating the provision contained in Section 2 of this 



314 ORDINANCES Ord. No. 283 

ordinance shall be guilty of a misdemeanor and shall 
be subject to a fine not exceeding One Hundred Dollars 
($100.00) and that each day's violation shall constitute a 
separate offense. 

Sec. 4. And be it further ordained, That all plans for 
new construction (including parking lots), exterior re- 
habilitation, or change in use on any property not to be 
acquired under the provisions of the Urban Renewal Plan 
shall be submitted to the Department of Housing and Com- 
munity Development for review. Only upon finding that the 
proposed plans are consistent with the objectives of the 
Urban Renewal Plan shall the Commissioner of the De- 
partment of Housing and Community Development au- 
thorize the processing of the plans for issuance of a build- 
ing permit. The provisions of this section are in addition 
to and not in lieu of all other applicable laws and ordi- 
nances relating to new construction. 

Sec. 5. And be it further ordained, That all applications 
for demolition permits shall be submitted to the Depart- 
ment of Housing and Community Development for review 
and approval. Upon finding that the proposed demolition is 
consistent with the objectives of the urban renewal plan, 
the Commissioner of the Department of Housing and Com- 
munity Development shall authorize the issuance of the 
necessary permit. If the Commissioner finds that the pro- 
posal is inconsistent with the objectives of the urban re- 
newal plan and therefore denies the issuance of the permit, 
he shall, within 90 days of such denial, seek approval of the 
Board of Estimates to acquire for and on behalf of the 
Mayor and City Council of Baltimore, the property, in 
whole or in part, on which said demolition was to have 
occurred, by purchase, lease, condemnation, gift or other 
legal means for the renovation, rehabilitation, and disposi- 
tion thereof. In the event that the Board of Estimates 
does not authorize the acquisition, the Commissioner shall, 
without delay, issue the demolition permit. 

Sec. 6. And be it further ordained, That in whatever 
respect, if any, the Renewal Plan approved hereby for 
Mount Royal Plaza may not meet the requirements as to 
the content of a renewal plan or the procedure for the 



ORDINANCES 315 

preparation, adoption, and approval of renewal plans as 
provided in Article 13 of the Baltimore City Code (1976 
Edition, as amended), the said requirements are hereby- 
waived and the amended Renewal Plan approved hereby 
is exempted therefrom. 

Sec. 7. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or part in or of this ordinance, 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall 
not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
sentence, paragraph, section or part, or the application 
thereof so held invalid. 

Sec. 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety code or 
regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that if such provisions are found to be in irreconcil- 
able conflict, the provision which establishes the higher 
standard shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation 
in force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall pre- 
vail, and the other existing provision of such other ordi- 
nance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this ordinance. 

Sec. 9. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved May 8, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



316 ORDINANCES Ord. No. 284 

No. 284 
(Council No. 463) 

AN ORDINANCE concerning 

REZONING— 4800-4816 ROLAND AVENUE 

FOR the purpose of changing the zoning for the properties 
known as 4800-4816 Roland Avenue from the R-2 Zoning 
District to the B-1 Zoning District as outlined in red on 
the plats accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 14 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 14 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-2 Zoning District to the 
B-1 Zoning District the properties known as 4800-4816 
Roland Avenue as outlined in red on the plats accompany- 
ing this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 8, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 317 

No. 285 
(Council No. 385) 

AN ORDINANCE concerning 

REZONING 4330 4332-4336 REISTERSTOWN ROAD 

FOR the purpose of changing the zoning for the property- 
located at 43^ 4332-4336 Reisterstown Road from the 
R-6 Zoning District to the B-2-2 Zoning District as out- 
lined in red on the AMENDED plats accompanying this 
ordinance. 

BY amending Zoning District Maps 
Sheet No. 23 
Article 30 — Zoning 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 23 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning" be and it is hereby 
amended by changing from the R-6 Zoning District to the 
B-2-2 Zoning District the property located at 43^ 4332- 
4336 Reisterstown Road as outlined in red on the 
AMENDED plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the AMENDED plat which is a part hereof 
and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the AMENDED plat and when the 
Mayor approves the ordinance, he shall sign the AMENDED 
plat. The Director of Finance shall then transmit a copy of 
the ordinance and one of the AMENDED plats to the fol- 
lowing: the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development, and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



318 ORDINANCES Ord. No. 286 

No. 286 

(Council No. 524) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 

PARKING LOT IN THE PARKING LOT DISTRICT 

216-226 ST. PAUL PLACE 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the properties located at 216-226 St. 
Paul Place as outlined in red on the plats accompanying 
this ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 9.0-3d and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area on the properties located at 216-226 
St. Paul Place as outlined in red on the plats accompany- 
ing this ordinance, under the provisions of Sections 9.0-3d 
and 11.0-6d of Ai^icle 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning". 

Sec. 2. And he it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in 
order to give notice to the departments which are ad- 
ministering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor ap- 
proves the ordinance, he shall sign the plat. The Director 
of Finance shall then transmit a copy of the ordinance and 
one of the plats to the following: the Board of Municipal 
and Zoning Appeals, the Planning Commission, the Com- 
missioner of the Department of Housing and Community 
Development and the Zoning Administrator. 

Sec. 3. And he it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 319 

No. 287 
(Council No. 526) 

AN ORDINANCE concerning 

BOWLING ALLEYS 

FOR the purpose of exempting religious, charitable, edu- 
cational and medical institutions from the Baltimore 
City Code requirement that bowling alleys obtain licenses. 

BY amending 

Article 15 — Licenses 

Section 11 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 11 of Article 15 of the Baltimore 
City Code (1976 Edition, as amended), title "Licenses", be 
and it is hereby repealed and reordained with amendments 
to read as follows : 

11. Bowling Alleys. 

No person or persons shall erect, set up, keep, maintain 
or in any respect whatever use for amusement or enter- 
tainment within the city, any bowling saloon, bowling 
alley, nine or ten pin alley, or any other device or struc- 
ture, in or upon which one or more pins are set up, for 
the purpose of casting, throwing, pushing or rolling against 
such pin or pins, one or more balls, or other missiles, 
without having obtained a license therefor, for which license 
there shall be annually paid a sum computed at the rate 
of forty dollars ($40.00) for each separate "lane" or 
"alley", with a minimum license fee for any one location 
or premises to be one hundred dollars ($100.00) annually. 
Nothing in this section, however, shall be construed to re- 
quire any bona fide 7'eligious, charitable, educational or 
medical institution, operating seven (7) or fewer such 
*'lanes" or "alleys" to obtain such a license, provided that 
any proceeds from the operation of such ''lanes*' or "alleys** 
be devoted to charitable purposes exclusively or in further- 
ance of the purposes of such institution. Any person or 
persons violating any provision of this section shall for- 



320 ORDINANCES Ord. No. 288 

feit and pay a penalty of twenty dollars ($20.00) for each 
and every day he, she or they may so offend. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect immediately upon its passage. 

Approved May 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 288 
(Council No. 574) 

AN ORDINANCE concerning 

TAX SALE PROPERTY REDEMPTIONS 

FOR the purpose of increasing from eight per cent per 
annum to twelve per cent per annum the interest rate 
applicable to redemptions of property from tax sales 
in Baltimore City. 

BY repealing and reordaining with amendments 
Article 28— Taxes 
Section 16 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 16 of Article 28 of the Baltimore 
City Code (1976 Edition, as amended), title "Taxes'', sub- 
title "Director of Finance", is hereby repealed and reor- 
dained to read as follows : 

DIRECTOR OF FINANCE 

16. Interest rate on redemptions from tax sales. 

Pursuant to the authorization contained in Section ![93J 
83 of Article 81 of the Maryland Code, the interest rate 
applicable to redemptions of property from tax sales in 
Baltimore City shall be l[eight per cent (8%)] twelve per 
cent (12%) per annum. 



ORDINANCES 321 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty 4ays from the date of its passage. 

Approved May 12, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 289 
(Council No. 542) 

AN ORDINANCE concerning 

IMPOUNDING AREA — EMORY STREET 

FOR the purpose of designating the west side of the 200 
block of Emory Street where parking meters are in- 
stalled as an impounding area. 

BY adding 

Article 31 — Transit and Traffic 

Section 105 (lb) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section (s) of the Baltimore City 
Code (1976 Edition, as amended) be added, repealed, or 
amended, to read as follows : 

Article 31— Transit and Traffic 

Impounding Areas 

105. E Streets 

(lb) Emory Street, ivest side, of the 200 block where 
parking meters are installed. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 13, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



322 Y': ORDINANCES Ord. No. 290 

No. 290 
(Council No. 432) 

AN ORDINANCE concerning 

RESIDENTIAL LEASE REQUIREMENTS 

FOR the purpose of r e quiring aii residential l e ases to fee i» 
writing afi4 & copy given to t e nant; providing that cer- 
tain information shall be included in eaeh A WRITTEN 
RESIDENTIAL lease AND THAT A COPY BE GIVEN 
TO THE TENANT ; and providing penalties. 

BY adding 

Article 13 — Housing and Urban Renewal 

Subtitle — Leases 

Section — 56 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 56 be and it is hereby 
added to Article 13 of the Baltimore City Code (1976 Edi- 
tion, as amended), title ^'Housing and Urban Renewal", to 
come under the new subtitle ''Leases", and to read as 
follows : 

LEASES 

56. Residential lease requirements. 

AFTER Jm^ AUGUST 1, 1981, ANY LANDLORD 
WHO RENTS DWELLING UNITS BY MEANS OF 
WRITTEN LEASES SHALL COMPLY WITH THE FOL- 
LOWING REQUIREMENTS: 

a. Written lea^e; copy to tenant. AU residential leases 
shall ^ in turiting* A copy of the lease, signed by tenant 
and landlord, shall be given to tenant at the time of sign- 
ing of the lease. 

b. Information required. Each residential lease shall 
contain the folloiving information: the name, residence ad- 
dress and telephone number mtd OR business oAdress and 
telephone number of the owner of the property, or the nume, 
residence address and telephone number €md OR business 
address and telephone number of a person ^18 years of age 
or older, customarily present in an office in the metropolitan 



ORDINANCES 323 

Baltimore area, designated by the property owner as his 
agent as managing operator of the property, responsible 
for maintenance and operation of the unit in accordance 
with the provisions of the Housing Code of Baltimore City, 
and authorized to receive court process on behalf of the 
owner in connection with the enforcement of ordinances 
relating to the rented unit. Any owner who is not cus- 
tomarily present in an office in the metropolitan Baltimore 
area shall include in the lease the information required 
above for a managing agent 

Within S- 10 days of a change in any information required 
by this section to be contained in a lease, the property 
owner shall notify the tenant of the change. The notice 
shall be sent to tenant by certifiGd FIRST CLASS mail, 
return roccipt requested, 

c. Exemptions. The provisions of this section do not 
apply to the following: 

(1) rental units in hotels, motels, inns, tourist homes 
and rooming and boarding houses which are rented pri- 
marily to transient guests for a period of less than fourteen 
(IJf) days, and (2) rental units in any hospital, convent, 
monastery, extended medical care facility, asylum, non- 
profit home for the aged, or dormitory ovmed and oper- 
ated by an institution of higher education, and (3) indi- 
vidual rental units which a government unit, agency, or au- 
thority owns, operates or manxiges, and (U) rental units 
within the premises occupied by the owner as his residence, 

dr Existing ivritten leases. Where a loritten lease in 
effect on January JULY ^ 1981 doss not conform toiho^^ 
quirements of -fk^ above, iks property oioner shall h^ 
January AUGUST 4y 1 - 981 provide the tenant wnth ihs m- 
formation required hy- -fb^ W certified mail^ return receipt 
requested. 

Or D. Responsibility for compliance. The owner of the 
property has primary responsibility for compliance ivith 
the provisions of this section. 

fr Penalty, Any- property oioner who leases residential 
property under a lease tuhich doos not conform to the p^o- 
visions of this section, o^ who fails to §ivo to tho tenant a 



324 ORDINANCES Ord. No. 290 

copy of- the lease a» provided in this- section ^ shall be sub- 

J \J\JV W ^r J V rV^ TTJ Tvjy V\r ^J J^ \J \J J \J I ' \J\^U\J i V w VX^vKAJ v v\J J VI 

^ Civil remedies. Amf- property otvner whe leases resi - 
dential property under g, lease ivhich does not conform to 
the provisions of this section^ o^ who fails to §wo to the 
tenant a copy of the lease ^s provided in this section^ shall 
bo liable to the tenant fo^ reasonable attorney's fees- lemd 
costs, as determined b^ the court, pius damages in mh 
a mount not to exceed one month's r^on;t fov- oaoh violation, 

ft E. PENALTY. ANY PROPERTY OWNER WHO 
LEASES RESIDENTIAL PROPERTY UNDER A WRIT- 
TEN LEASE WHICH DOES NOT CONFORM TO THE 
PROVISIONS OF THIS SECTION, OR WHO FAILS TO 
GIVE A TENANT A COPY OF THE LEASE AS PRO- 
VIDED IN THIS SECTION, SHALL BE GUILTY OF 
A MISDEMEANOR AND, UPON CONVICTION, SHALL 
BE SUBJECT TO A FINE OF UP TO $100 FOR EACH 
VIOLATION, 

GrF.A TENANT MAY SEEK RELIEF FROM AN AP- 
PROPRIATE COURT TO RESTRAIN OR ENJOIN ANY 
VIOLATION OF THE PROVISIONS OF THIS SECTION. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE PROVISIONS OF THIS ORDINANCE SHALL AP- 
PLY ONLY TO AtL LEASES WRITTEN EXECUTED 
AFTER AUGUST 1, 1981. 

Sec. 2t 3. And be it further ordained, That this ordinance 
shall take effect July 1, 1981. 

Approved May 14, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 325 

No. 291 
(Council No. 433) 

AN ORDINANCE concerning 

ISSUANCE OF CONSTRUCTION 

REVENUE NOTES— (WATER AND 

WASTEWATER PROJECTS) 

FOR the purpose of authorizing and providing for the 
issuance, from time to time, by Mayor and City Council 
of Baltimore (the "City") of its construction revenue 
notes, designated ''Construction Revenue Notes (Water 
and Wastewater Projects)" in an aggregate principal 
amount not exceeding twenty six million^ two hundred 
afi4 tea thousand dollars (?26,210,00Q) TEN MILLION 
DOLLARS ($10,000,000) pursuant to the provisions of 
Article 31, Section 12 of the Annotated Code of Mary- 
land (1976 Replacement Volume and 1980 Cumulative 
Supplement) and in accordance with the revenue bond 
authority contained in Article II, Section 50 of the 
Charter of Baltimore City (1964 Revision), as amended, 
and the general obligation bond authority contained in (i) 
Chapter 42S ol th« Laws oi Maryland of W^ afi4 
Ordinanc e Nor 1098 of the City, approved by th« Mayor 
o» June 24^ 1971, -(^ Chapter 444 ef the Laws of 
Maryland of 4^72^ a^d Ordinance Nor 74 of ttie City, 
approved fey the Mayor o» J4me 4^ 1972, -(^i^ Chapter 
73 of the Laws of Maryland of 1978, and Ordinance 
No. 785 of the City, approved by the Mayor on June 26, 
1978, 4i^ (II) Chapter 9 of the Laws of Maryland of 
1979 and Ordinance No. 1031 of the City, approved by 
the Mayor on May 24, 1979, and 4^ (III) Chapter 13 of 
the Laws of Maryland of 1979 and Ordinance No. 82 of 
the City, approved by the Mayor on June 9, 1980, in 
oixier to use the proceeds for the public purposes of (a) 
financing certain water and wastewater facilities in the 
City of Baltimore, as provided in this Ordinance, (b) 
funding up to twelve (12) months capitalized interest on 
the notes (unless a longer period is allowed by law, in 
which case, funding such interest up to the period per- 
mitted by law), and (c) paying the costs of issuance 
of such notes ; authorizing the issuance of revenue bonds 



326 ORDINANCES Ord. No. 291 

for the permanent financing of such water and waste- 
water facilities in an aggregate principal amount not 
to exceed twenty six million^ two hundred aft4 tei thou - 
saiid dollars ($26,210,000) TEN MILLION DOLLARS 
($10,000,000) pursuant to Article II, Section 50 of the 
Charter of Baltimore City (1964 Revision), as amended; 
prescribing the form and tenor of the construction reve- 
nue notes and determining certain other matters relating 
to the issuance and sale thereof; providing that certain 
matters pertaining to the notes, including (without limi- 
tation) the amounts and dates of any series, maturity 
or maturities, method of competitive sale, if any, interest 
rate or rates, redemption provisions, if any, and the 
period, if any, during which interest will be capitalized, 
shall be determined administratively at or prior to the 
time of the sale of any series of such notes by resolution 
of the Board of Finance of the City; providing for the 
private (negotiated) sale of such notes or, upon certain 
findings and determinations by the Board of Finance, 
for the competitive sale of all or any part of such notes ; 
providing for the disbursement of the proceeds of said 
notes; providing for the payment of said notes from 
either (a) the first proceeds of revenue bonds to be 
issued by the City in an amount necessary, together with 
any other available funds, to provide for the payment 
of the principal of and interest on such notes at maturity, 
or (b) the first proceeds of bonds to be issued on the 
full faith and credit of the City in an amount necessary, 
together with any other available funds, to provide for 
the payment of the principal of and interest on such 
notes at maturity; covenanting to issue said revenue 
bonds or general obligation bonds when, and as soon as, 
the reason for deferring the issuance thereof no longer 
exists ; covenanting (in the event revenue or general ob- 
ligation bonds are not issued to pay the principal of and 
interest on the notes when due) to levy and collect all 
taxes necessary to provide for the payment of the prin- 
cipal of and interest on said notes; providing that the 
proceeds of said notes, or any monies which may be 
deemed to be proceeds, will not be used in a manner 
which would cause said notes to be arbitrage notes; 
authorizing the Board of Finance and the Director of 
Finance to make certain alterations in the form and tenor 



ORDINANCES 



327 



of the construction revenue notes upon certain condi- 
tions; providing that the Board of Finance may deter- 
mine by resolution or other appropriate action certain 
other matters pertaining to the issuance, sale or delivery 
of any series of such notes; and generally relating to 
the issuance, sale, and delivery and payment of all said 
notes. 

RECITALS 

A. For convenience of reference, Mayor and City 
Council of Baltimore, a municipal corporation organized 
and existing under the Constitution and laws of the 
State of Maryland, is hereinafter sometimes referred 
to as the *'City'\ 

B. The Authority for the issuance of bond anticipa- 
tion notes is contained in Article 31, Section 12 of the 
Annotated Code of Maryland (1976 Replacement Vol- 
ume and 1980 Cumulative Supplement) . Article 31, Sec- 
tion 12 is sometimes referred to in this ordinance as 
the "Bond Anticipation Note Enabling Act". The author- 
ity for the issuance of the bonds in anticipation of which 
the notes will be issued (i) if such bonds are revenue 
bonds, is contained in Article II, Section 50 of the Char- 
ter of Baltimore City (1964 Revision), as amended (the 
"Revenue Bond Enabling Act'*), and (ii) if such bonds 
are general obligation bonds, is contained in 



Laws of 
Maryland 

rvf ^-V^ n T n-rrrc? 

of 1971 

of 1972 

Chapter 73 
of the Laws 
of Maryland 
of 1978 



City 
Ordinance 

Ordinance 
N o. 10Q5^ 



Ordinanc e 



Ordinance 
No. 785 



Approved by Ratified by 
Mayor Voters 



T u rin 9/| 






June 26, 
1978 



i^Ti 



i^73 



November 7, 
1978 



328 



ORDINANCES 



Ord. No. 291 



Chapter 9 
of the Laws 
of Maryland 
of 1979 

Chapter 13 
of the Laws 
of Maryland 
of 1979 



Ordinance May 24, November 6, 

No. 1031 1979 1979 



Ordinance June 9, November 4, 

No. 82 1980 1980 



Chaptorc -ISSy 44i aft4 7^ a»4 Ordinanc e s 4^^ 7^ aft4 
CHAPTER 73 AND ORDINANCE 785 are referred to 
as the 'Water Facility Acts" and Chapters 9 and 13 
and Ordinances 1031 and 82 are referred to as the 
'Wastewater Facility Acts." The Water Facility Acts 
and the Wastewater Facility Acts are collectively re- 
ferred to as the ''General Obligation Bond Enabling 
Acts." 

C. The Bond Anticipation Note Enabling Act author- 
izes and empowers the City to borrow money in antici- 
pation of the issuance of its bonds and to evidence such 
borro\\dng by the issuance and sale of its bond antici- 
pation notes in aggregate amount not greater than the 
authorized amount of the bonds in anticipation of the 
sale of which the notes are issued and sold. The Bond 
Anticipation Note Enabling Act provides that such notes 
shall be payable as to interest and principal (except to 
the extent paid from proceeds of the sale of the notes) 
from the first proceeds of the bonds in anticipation of 
the sale of which such notes are issued. The Bond Antici- 
pation Note Enabling Act further authorizes and em- 
powers the City to pay up to twelve months' interest 
on the notes from the proceeds of the notes. 

D. The Revenue Bond Enabling Act authorizes and 
empowers the City to issue revenue bonds for any of 
the purposes or objectives of the City. The revenue bonds 
authorized to be issued pursuant to the Revenue Bond 
Enabling Act and under this Ordinance are sometimes 
referred to herein as the "Revenue Bonds". 

E. The Water Facility Acts authorize and empower 
the City to borrow up to $10,410^000 $1,000,000 for the 
acquisition, construction and development of certain 
water projects generally described therein. 



ORDINANCES 329 

F. The Wastewater Facility Acts authorize and em- 
power the City to borrow up to $15,800,000 $9,000,000 
for the construction of certain wastewater projects gen- 
erally described therein. 

G. The general obligation bonds authorized to be 
issued pursuant to the General Obligation Bond Enabling 
Acts are sometimes referred to herein as the "General 
Obligation Bonds". 

H. The General Obligation Bond Enabling Acts con- 
fer upon the Board of Finance of the City (as successor 
to the Commissioners of Finance of the City) certain 
powers in connection with the General Obligation Bonds, 
including, without limitation, the power to determine 
the form or foi*ms of bonds, the date of the bonds issued 
at any particular time, the right of redemption of the 
bonds prior to maturity and the rate or rates of interest 
to be borne by the bonds. The Revenue Bond Enabling 
Act confers similar powers upon the Board of Finance 
of the City in connection with the Revenue Bonds. 

I. It is contemplated that the City will issue Revenue 
Bonds in an amount necessary, together with any other 
available funds, to provide for the payment of the prin- 
cipal of and interest on the notes at maturity, as a first 
step in the implementation of the separate enterprise 
systems for water and sanitary wastewater utilities. 

J. If for any reason the City is unable to issue Reve- 
nue Bonds to pay the notes when due, the City will issue 
General Obligation Bonds in an amount necessary, to- 
gether with any other available funds, to provide for 
the payment of the principal of and interest on the notes 
at maturity. 

K. Article 6, Section 11 of the Charter of the City 
provides that water and sanitary wastewater utilities 
shall each be conducted as a separate enterprise and that 
the City shall have adopted by January 1, 1979 an ordi- 
nance or ordinances as may be necessary or desirable 
to implement the provisions of such Section 11. On De- 
cember 12, 1978 the City Council adopted Ordinance No. 
941, approved by the Mayor on December 14, 1978, pro- 
viding for the implementation of separate enterprise 
systems for water and sanitary wastewater utilities. 



330 ORDINANCES Ord. No. 291 

L. In the event that the City is unable to issue its 
Revenue Bonds or General Obligation Bonds in an amount 
sufficient to pay the principal of and interest on the notes 
when due, the City will levy ad valorem taxes in an 
amount sufficient to pay the principal of and interest 
on the notes when due. The Charter of the City contains 
no limitations upon the rate at which ad valorem taxes 
may be levied by the City for the payment of the prin- 
cipal of and interest on the City's bonded indebtedness. 

M. The City proposes to spend the proceeds of the 
notes hereby authorized for the general public purposes 
of extending, enlarging, developing and improving the 
municipal water supply system of Baltimore City and 
enlarging, extending, altering, modernizing, and impi^ov- 
ing the sanitarj^ sewerage, storm water drainage, and 
stream valley systems of Baltimore City, as described 
in the General Obligation Bond Enabling Acts and in 
this Ordinance. 

N. The Bond Anticipation Note Enabling Act author- 
izes the sale of any notes to be issued pursuant to such 
act by public sale or by private negotiation with pro- 
spective purchasers, if such negotiated sale is deemed by 
the City to be in the best interest of the City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursuant to the Bond Antici- 
pation Note Enabling Act and in accordance with the Reve- 
nue and General Obligation Bond Enabling Acts, it is here- 
by found and determined, as follows : 

(A) The net proceeds from the sale of the City's 
Construction Revenue Notes (Water and Wastewater 
Projects), authorized to be issued and sold by this Ordi- 
nance, shall be used and applied for the public purposes 
of (i) financing, in part, the cost of certain water and 
wastewater projects, as stated in the Preamble of this 
Ordinance (collectively the "Projects") ; (ii) paying the 
costs of issuance of any series of notes authorized under 
this Ordinance; and (iii) funding up to twelve month's 
interest on any series of notes authorized under this Ordi- 
nance, unless a longer period is allowed by law at the time 
of the issuance of such series, in which case, funding such 
interest up to the period then allowed by law. 



ORDINANCES 331 

(B) The cost of the Projects shall include (without 
limitation) the costs of 4^)- converting existing unmet e r e d 
water services within the boundar}^ faes of Baltimore €ity 
to metered wat e r servic e s^ including, feut fiot limited tOy 
the purchase of wat e r meters afid the installation thereof, 
a»4 the doing of afty aft4 ail things n e cessary, proper 9^ 
expedient m connection therewith; -{ii^ extending, enlarg- 
ing, developing and improving the municipal water supply 
and the water system of Baltimore City, including, but 
not limited to, the construction, reconstruction and exten- 
sion of transmission conduits, tunnels, and distribution 
mains, the increasing of the source or sources of supply, 
the construction of additional storage reservoirs, additions 
to and extensions of existing reservoirs, the construction 
of additional pumping stations, filter basins or plants, addi- 
tions to and extensions of existing pumping stations, filter 
basins or plants, any or all of the work to be done either 
within or outside of the boundary lines of Baltimore City, 
and the doing of all things necessary, proper or expedient 
to secure a full and adequate supply of water for the City 
of Baltimore and its inhabitants and such other persons or 
other legal entities as may now or hereafter be lawfully 
furnished water by the City ; 

(C) The construction of additional sewage disposal 
plants, pumping stations and other appurtenances, the 
alteration, enlargement, modernization and improvement 
of existing sewage disposal plants, pumping stations and 
other appurtenances, and the acquisition by purchase or 
condemnation of any and all sanitary and storm water 
sewers, sewage disposal plants, pumping stations and other 
appurtenances, as well as of any and all land and property, 
and of any right, interest, franchise, easement or privilege 
therein, as may be necessaiy for any or all of the above 
mentioned purposes, and doing any and all things neces- 
sary, proper or expedient in connection with or peii;aining 
to any or all of the matters or things hereinbefore 
mentioned. 

Sec. 2. And be it further- ordained. That the issuance, 
sale and delivery of an amount not exceeding tw e nt}^ six 

TY^l^^1^/^•^^ i"^TTr\ VmT-< /^■y»r>/-^ o vi /^ 4-rv>-> "H-t rn i o r> T-> /^ z^rvU o t»o /'QQ^ 01 C\ f\(\r\\ 

TEN MILLION DOLLARS ($10,000,000) aggregate prin- 
cipal amount of bonds, hereby designated ''Revenue Bonds 



332 ORDINANCES Ord. No. 291 

(Water and Wastewater Projects) " (the ''Revenue Bonds") 
is hereby authorized. The proceeds of the Revenue Bonds, 
if such bonds are issued, shall be used to pay (when due) 
the principal of and interest on the City's Construction 
Revenue Notes (Water and Wastewater Projects), author- 
ized to be issued and sold by this Ordinance. The Revenue 
Bonds shall contain such terms and provisions as deter- 
mined by resolution of the Board of Finance prior to their 
issuance. 

Sec. 3. And be it further ordained, That the issuance, 
sale and delivery of an amount not exceeding twenty - six 

TXT J. I'l J. \J IT ^ V TT Ty XILIXI^J. \J\A. tXTIKA. vK^X'T ^VZXJXXU tAiXliKX \X\JzlWl. O ^^^J KJ j/LJ JL\J^\y KJ \J J 

TEN MILLION DOLLARS ($10,000,000) aggregate prin- 
cipal amount of notes, hereby designated ** Construction 
Revenue Notes (Water and Wastewater Projects)" (the 
"Notes") is hereby authorized, subject to the provisions 
of this Ordinance. The Notes may be issued in one or more 
series, and each such series shall be identified by a letter 
designation, so that the first series (if the issuance of more 
than one series of notes hereunder is then contemplated) 
shall be designated ''Construction Revenue Notes (Water 
and Wastewater Projects), Series A". The aggregate prin- 
cipal amount of Notes to be issued pursuant to this Ordi- 
nance at any one time shall be determined by the Board of 
Finance by resolution adopted prior to the delivery of the 
Notes. 

Sec. 4. And he it further ordained, That Notes of a 
series of Notes shall be dated as of the first day of the 
month in which the series of Notes is delivered unless the 
Board of Finance shall specify a different date in its reso- 
lution hereinafter described, and the Notes shall bear in- 
terest at an annual rate or rates payable semi-annually 
following the date of the series of Notes so that, if the 
Notes of a series are dated Docombor iy 4^S0 MAY 1, 1981, 
interest on that series of Notes will be payable on Jun e 
NOVEMBER 1, 1981, and semi-annually thereafter. The 
Notes shall be in the denomination of Five Thousand Dol- 
lars ($5,000) each and the Notes of each series of Notes 
shall be numbered from one (1) consecutively upwards, 
unless otherwise determined by the Board of Finance in its 
resolution hereinafter described. 



ORDINANCES 333 

Sec. 5. And be it further ordained, That, prior to the 
delivery of any series of Nc^tes, the Board of Finance shall 
adopt a resolution or resolutions which shall prescribe, 
subject to the limitations hereinafter provided, (i) the 
principal amount of Notes to be issued as a series at any 
one time, (ii) the date of issue of the series of Notes, 
(iii) the interest rate to be borne by the series of Notes, 
(iv) the period, if any, during which interest shall be 
capitalized for the series of Notes, (v) the redemption 
provisions, if any, for the series of Notes, (vi) the ma- 
turity or maturities of the series of Notes, (vii) the method 
for competitive sale if any series of Notes is determined 
to be sold at competitive sale, and (viii) any additional 
terms necessary or appropriate to reflect any matters pro- 
vided in that resolution. 

The period during which interest may be capitalized for 
any series of Notes shall not exceed a period of twelve (12) 
months, unless a longer period is allowed by law at the 
time of issuance of the series of Notes. 

The maturity date for all series of Notes issued pur- 
suant to this Ordinance shall be the same date, such date 
to be determined by resolution of the Board of Finance 
adopted prior to the delivery of the series of Notes; how- 
ever, the maturity of Notes shall not extend beyond May 1, 
■ 1983 1984, unless extended by resolution of the Board of 
Finance with the consent of all of the holders of the Notes. 

Any resolution or resolutions adopted by the Board of 
Finance pursuant to this Ordinance shall be deemed to be 
of an administrative nature. 



Sec. 6. And he it further ordained, That the City hereby 
covenants that (i) it will pay the interest on and principal 
of the Notes, to the extent not paid from proceeds of the 
Notes, from the proceeds of the Revenue Bonds or the 
General Obligation Bonds, as the case may be, and (ii) 
it will issue the Revenue Bonds or (General Obligation 
Bonds when, and as soon as, the reason for deferring 
their issuance no longer exists; but in any event, in suffi- 
cient time to permit the payment of the Notes at maturity 
or extended maturity. 



334 ORDINANCES Ord. No. 291 

Sec. 7. And be it further ordained, That the City and 
the purchasers of the Notes recognize the possibility, but 
do not anticipate, that the City may be unable to issue the 
Revenue Bonds or the General Obligation Bonds in suffi- 
cient time to provide for payment of the interest on and 
the principal of the Notes at or prior to their maturity or 
extended maturity. The City hereby covenants that in such 
event the City will levy ad valorem taxes upon each one 
hundred dollars ($100.00) of property within the corporate 
limits of the City of Baltimore subject to assessment for 
full City Taxes, at a rate sufficient to provide for the pay- 
ment, when due, of the principal of and interest on all 
Notes. 

To assure the performance by the City of the provisions 
of this Section, the full faith and credit and unlimited 
taxing power of the City are hereby irrevocably pledged 
to the payment at maturity of the principal of and interest 
on the Notes hereby authorized and to the levy and collec- 
tion of the taxes hereinabove described as and when such 
taxes may become necessary in order to provide sufficient 
funds to meet the debt service requirements of the Notes 
hereby authorized to be issued; this pledge is made hereby 
for the benefit of the holders, from time to time, of the 
Notes hereby authorized. 

The City hereby solemnly covenants and agrees with 
each holder of any of the Notes hereby authorized to levy 
and collect the taxes hereinabove described and to take 
any other action that may be appropriate from time to time 
during the period that any of such Notes remain outstand- 
ing and unpaid to provide the funds necessary to make 
principal and interest payments thereon, when due. 

Sec. 8. And be it further ordained, That all Notes shall 
be executed in the name of the Mayor and City Council 
of Baltimore and on its behalf by the manual or facsimile 
signature of the Mayor of the City and the Director of 
Finance of the City and the corporate seal of the City 
shall be imprinted thereon, attested by the manual sig- 
nature of the Custodian of the Seal of the City. 

In the event any official whose signature shall appear 
on any series of the Notes shall cease to be such official 



ORDINANCES 385 

prior to the delivery of any series of Notes, or, in the 
event any such official whose signature shall appear on 
any series of Notes shall have become such after the date 
of issue thereof, the Notes of such series shall nevertheless 
be valid and legally binding obligations of the City in 
accordance with their terms. 

The Notes shall be fully registered as to both principal 
and interest in the name or names of the owner or owners 
thereof on books kept for such purpose at the office of the 
Director of Finance of the City, City Hall, Baltimore, 
Maryland 21202. The principal of the Notes shall be pay- 
able at the principal office of the Chase Manhattan Bank 
of New York , UNLESS A DIFFERENT PLACE OF 
PAYMENT IS ESTABLISHED BY RESOLUTION OF 
THE BOARD OF FINANCE. The interest on the Notes 
shall be payable by the City by check or draft mailed to 
the registered owners thereof at their respective addresses 
as they appear on the Note registration books of the City. 
If a determination is made by the Board of Finance to sell 
all or a portion of the Notes at competitive sale, the Notes 
may be coupon notes payable at such place and in such 
manner as provided by the Board of Finance in the resolu- 
tion making such determination. 

Except as provided hereinafter or in ordinances or reso- 
lutions of the Mayor and City Council of Baltimore adopted 
prior to the issuance and delivery of any series of Notes, 
or in resolutions of the Board of Finance (to the extent 
authorized by this Ordinance), all notes shall be substan- 
tially in the following form, with appropriate insertions 
as therein indicated, which form is hereby adopted by the 
City, and all of the covenants and conditions therein con- 
tained are hereby made binding upon the City, including 
the promise to pay therein contained : 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

MAYOR AND CITY COUNCIL OF BALTIMORE 

Construction Revenue Notes 
(Water and Wastewater Projects) 

No $5,000 

Dated 



336 ORDINANCES Ord. No. 291 

MAYOR AND CITY COUNCIL OF BALTIMORE 
(the *'City"), a municipal corporation organized and exist- 
ing under the Constitution and laws of the State of Mary- 
land, hereby acknowledges itself indebted and, for value 

received, promises to pay to , 

or registered assigns or legal representative, the principal 
sum of 

FIVE THOUSAND DOLLARS 

ON 

(or at such time as hereinafter provided) upon presenta- 
tion and surrender of this note and to pay interest thereon, 
from the date of this note until it matures at the rate or 

rates hereinafter specified on , 19 .... , 

and semi-annually thereafter on the days of 

and in each year by check 

or draft mailed to registered owner hereof at his address 
as it appears on the registration books of the Director of 
Finance of the City, Note Registrar. 

Both the principal of and interest on this bond will 
be paid in lawful money of the United States of America, 
at the time of payment. The principal of this note shall 
be payable upon presentation hereof at the principal office 
of Chase Manhattan Bank, New York, New York. 

This note shall be registered by the City upon the 
initial delivery hereof, in the name of the initial registered 
owner, as shown in the space provided above and on the 
registration books kept for that purpose at the office of 
the Note Registrar and, thereafter, this note shall be trans- 
ferable only by endorsement hereon by the Director of 
Finance of the City to successive registered owners and 
no such transfer shall be valid unless made on the registra- 
tion books by the registered owner hereof in person or 
by his attorney duly authorized. Payment of this note and 
the interest hereon shall be made only to the person shown 
hereon and on said books to be the registered owner hereof 
on the date such payment is due. 

This note is one of a duly authorized issue of series of 

notes of the City aggregating $ ($ ) 

in principal amount, which are of the denomination of 
Five Thousand Dollars ($5,000) each. These notes are 



ORDINANCES 337 

numbered from one consecutively upwards and are of like 
tenor except as to number and are issued pursuant to 
Article 31, Section 12 of the Annotated Code of Maryland 
(1976 Replacement Volume and 1980 Cumulative Supple- 
ment) (the "Bond Anticipation Note Enabling Act") and 
in anticipation of the issuance and sale of the City's bonds, 
authorized pursuant to either (i) Article II, Section 50 
of the Charter of Baltimore City (1964 Revision), as 
amended (the "Revenue Bond Enabling Act") or (ii) 
Chapter i2S of the fcaws of Mar3^1and of i9^ afi4 O^di- 
nanco 1098 of ^kQ City^ approved by the Mayor o»r Juno 24^ 
1971^ ratified by the voters of Baltimore €4ty on: November 
2j 4©?if Chapter i4i of the taws of Maryland of i»?3 
&q4 Ordinance 74 of the City, approved by the Mayor o» 
Juno 4^ 1972^ ratified by the voters of Baltimore Gity o» 
November Ty 1972; Chapter 73 of the Laws of Maryland 
of 1978, and Ordinance No. 785 of the City, approved by 
the Mayor on June 26, 1978, ratified by the voters of Balti- 
more City on November 7, 1978; Chapter 9 of the Laws of 
Maryland of 1979 and Ordinance No. 1031 of the City, 
approved by the Mayor on May 24, 1979, ratified by the 
voters on November 6, 1979 ; and Chapter 13 of the Laws 
of Maryland of 1979 and Ordinance No. 82 of the City, 
approved by the Mayor on June 9, 1980, ratified by the 
voters on November 4, 1980 (the "General Obligation Bond 
Enabling Acts"). 

The City has covenanted to issue revenue Bonds pur- 
suant to the Revenue Bond Enabling Act or general obliga- 
tion bonds pursuant to the General Obligation Bond Enabl- 
ing Acts in an amount sufficient to pay, when due, the 
principal of and interest on this note. The City has cov- 
enanted that in the event it is unable to issue its bonds 
pursuant to either the Revenue Bond Enabling Act or the 
General Obligation Bond Enabling Acts to pay the prin- 
cipal of and interest on this note, the City will levy ad 
valorem taxes in an amount sufficient to provide, together 
with any other funds available for the purpose, for the 
payment of the principal of and interest on this note when 
due. 

It is hereby certified and recited that all conditions, 
acts and things required by the Constitution or statutes 
of the State of Maryland, the Charter of the City and the 



338 ORDINANCES Ord. No. 291 

Bond Anticipation Note Enabling Act to exist, to have 
happened or to have been performed precedent to or in 
the issuance of this note, exist, have happened and have 
been performed, and that the issue of notes of which this 
is one, together with all other indebtedness of the City, 
is within every debt and other limit prescribed by said 
Constitution or statutes or Charter. 

IN WITNESS WHEREOF, this note has been ex- 
ecuted by the manual or facsimile signatures of the Mayor 
of the City and the Director of Finance of the City, and 
the corporate seal of the City has been impressed hereon, 
attested by the manual signature of the Custodian of the 
City Seal, all as of the day of , 19 

ATTEST MAYOR AND CITY COUNCIL 

OF BALTIMORE 

By 

Custodian of the City Seal Mayor 

By 

Director of Finance 

In the event the Board of Finance determines to offer all 
or any part of the Notes for sale at competitive sale as 
authorized by this Ordinance or in the event bond market 
conditions or other considerations relevant to the sale of 
the Notes are determined by the Board of Finance to make 
such action necessary or appropriate, the Board of Finance 
may provide by resolution that the Notes may be issued in 
bearer coupon form and may make such changes in the 
foregoing form of registered Note as the Board of Finance 
may determine to be appropriate to implement such deter- 
mination, including (without limitation) providing the 
form of coupon to be attached to the Notes. 

Sec. 9. And be it further ordained, That, pursuant to 
the authority of the Bond Anticipation Note Enabling Act, 
it is hereby determined that considering the nature and 
the maturity of the Notes, present bond market conditions, 
the identity of prospective purchasers indicating an inter- 
est in purchasing the Notes and other relevant considera- 
tions arising from current economic conditions, it would 
be in the best interests of the City to sell the entire author- 



ORDINANCES 339 

ized principal amount of the Notes at private (neg-otiated) 
sale; however, current bond market conditions including 
(without limitation) substantial, rapid variations in inter- 
est rates and the present overall record high level of in- 
terest rates indicate bond market conditions which could 
change rapidly so that, at some subsequent time, it mig-ht 
better serve the interests of the City to offer and sell the 
Nates, either in whole or in part, at competitive sale; 
taking these factors into account, the City has determined 
to authorize, and does hereby authorize, the Board of Fi- 
nance (i) to sell approximately g22,Q0Q>00Q aggregat e 
principal amount A PORTION of the Notes at private 
(negotiated) sale, (ii) to sell the remaining principal 
amount of the Notes at private (negotiated) sale or at 
competitive sale, if the Board of Finance finds and deter- 
mines that market conditions at the time of the sale of 
the Notes (including ^vithout limitation, the availability 
of interested prospective purchasers to negotiate for a pur- 
chase of the Notes) to sell such balance at competitive sale, 
or (iii) to sell the entire amount of the Notes at competi- 
tive sale, if the Board of Finance finds and determines that 
such bond market conditions existing at the time of sale 
then indicate that a competitive sale would be in the best 
interests of the City. The Board of Finance shall, by reso- 
lution award the sale of any series of Notes to the pur- 
chaser or purchasers thereof. IN CONNECTION WITH 
SUCH AWARD, THE CITY IS AUTHORIZED TO EN- 
TER INTO A PURCHASE CONTRACT, LOAN AGREE- 
MENT OR OTHER DOCUMENT EVIDENCING THE 
AGREEMENT OF THE CITY AND THE PURCHASER 
OR PURCHASERS OF THE NOTES WHICH DOCU- 
MENT (I) MAY CONTAIN SUCH COVENANTS AND 
ASSURANCES DEEMED NECESSARY OR APPROPRI- 
ATE IN CONNECTION WITH SUCH AWARD AND 
(II) SHALL BE APPROVED BY THE BOARD OF FI- 
NANCE IN THE RESOLUTION AWARDING THE 
SALE OF THE NOTES. 

The Notes of each series shall be suitably prepared and 
duly executed and delivered to the purchaser or purchasers 
at the expense of the City, from time to time, as deter- 
mined by resolution of the Board of Finance, upon pay- 
ment of the face amount of the series of Notes plus accrued 



340 ORDINANCES Ord. No. 291 

interest from the date of the series of Notes to the date of 
delivery. Such pajonent shall be made in Baltimore Clear- 
inghouse Funds by certified check upon, or bank cashier's, 
treasurer's or official check of, a responsible banking in- 
stitution. 

Sec. 10. And be it further ordained, That, the proceeds 
from the sale of the Notes shall be paid to the Director of 
Finance, who shall deduct from the proceeds of the issue 
the amount, if any, paid on account of accrued interest on 
such series, which amount he shall set apart for payment 
on account of the first maturing interest on the Notes of 
such series. 

Upon approval of the appropriate vouchers, in accord- 
ance with the established procedure of the City, the Direc- 
tor of Finance shall pay, from the proceeds of each series 
of Notes in his hands, all expenses incurred in the is- 
suance of such series of Notes, including, without limita- 
tion, costs of engraving, printing, advertising, attorneys' 
fees and all other incidental expenses connected therewith. 

The Director of Finance shall credit to a special account 
on his books the amount, if any, of the proceeds of each 
series of Notes designated as capitalized interest on such 
series of Notes. 

The balance of the proceeds of each series of Notes shall 
be credited by the Director of Finance to the several ac- 
counts on his books for the Projects described above and 
the Director of Finance shall make disbursements for said 
Projects in accordance with the established procedure of 
the City. 

Prior to expenditure of said proceeds, the same or any 
part thereof may be invested by the Director of Finance, 
with the approval of the Mayor, and within any limita- 
tion and in the manner provided by law. Such investment 
shall be made, however, in securities which will have dates 
of maturity coinciding with, or prior to, the dates upon 
which funds will be required for the Project. 

If the funds derived from the sale of the Notes shall 
exceed the amount needed to finance the Projects described 



ORDINANCES 341 

in this Ordinance, or if the City shall determine that the 
public interest requires a change in the capital improve- 
ments program of the City, the funds so borrowed and not 
expended for the public improvements provided by this 
Ordinance shall be set apart in a separate fund by the Di- 
rector of Finance and applied in payment of the next prin- 
cipal maturity of the Notes unless the Board of Finance 
shall adopt a resolution (which shall contain provisions 
substantially the same as those set forth in Section 1 of 
this Ordinance) allocating such funds to some other water 
or wastewater capital improvement project or projects of 
Baltimore City, if then allowed by law. 

Sec. 11. And be it further ordained, That, the Director 
of Finance of the City is hereby authorized to make such 
changes in the form of Note set forth in Section Z 8 
hereof as he shall deem necessary to effect the purposes of 
this Ordinance or to comply with recommendations of legal 
counsel, and the Director of Finance is hereby authorized 
to make such further modifications in such form as will 
not alter the substance of such form, all such modifications 
to be in accordance with and pursuant to the authority of 
the Bond Anticipation Note Enabling Act. 

Sec. 12. And be it further ordained, That, the Mayor 
and the Chief, Bureau of Treasury Management shall be 
the officers of the City responsible for the issuance of the 
Notes within the meaning of Section 1.103-13 (a) (2) (ii) (C) 
of the Arbitrage Regulations (defined herein) . The Mayor 
and the Chief, Bureau of Treasury Management shall also 
be the officers of the City responsible for the execution and 
delivery (on the date of issuance of each series of Notes) 
of a certificate of the City (the ^'Section 103(c) Certifi- 
cate") which complies with the requirements of Section 
103(c) of the Internal Revenue Code of 1954, as amended 
("Section 103(c)") and the applicable regulations there- 
under (the "Arbitrage Regulations"), and such officials 
are hereby authorized and directed to execute the Section 
103(c) Certificate and to deliver the same to Bond Coun- 
sel of ON the date of the issuance of each series of Notes. 

The City shall set forth in the Section 103(c) Certificate 
its reasonable expectations as to relevant facts, estimates 



342 ORDINANCES Ord. No. 291 

and circumstances relating to the use of the proceeds of 
the series of Notes, or of any monies, securities or other 
obligations to the credit of any account of the City which 
may be deemed to be proceeds of the series of Notes pur- 
suant to Section 103(c) or the arbitrage regulations (col- 
lectively, ''Note Proceeds"). The City covenants with each 
of the holders of any of the Notes that (i) the facts, esti- 
mates and circumstances set forth in the Section 103(c) 
Certificate will be based on the City's reasonable expecta- 
tions on the date of issuance of the series of Notes and 
will be, to the best of the certifying officials' knowledge, 
true and correct, as of that date. 

The City covenants with each of the holders of any of 
the Notes that it will not make, or (to the extent that it 
exercises control or direction) permit to be made, any use 
of the Note Proceeds which would cause the Notes to be 
"arbitrage bonds" within the meaning of Section 103(c) 
and the Arbitrage Regulations. The City further covenants 
that it will comply with Section 103(c) of the Internal 
Revenue Code of 1954, as amended, and the regulations 
thereunder which are applicable to the notes on the date 
of issuance of the notes and which may subsequently law- 
fully be made applicable to the Notes. 

Sec. 13. And be it further ordained, That, the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the re- 
maining provisions, sentences, clauses, sections, or parts of 
this ordinance or its application to other persons or cir- 
cumstances. It is hereby declared to be the legislative in- 
tent that this ordinance would have been adopted if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this ordinance or 
any part thereof is inapplicable had been specifically ex- 
empted herefrom. 



ORDINANCES 343 

Sec. 14. And be it further ordained, That, this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 292 

(Council No. 467) 

AN ORDINANCE concerning 

HOUSING AUTHORITY AGREEMENT 

FOR the purpose of authorizing and approving the acqui- 
sition of an additional 300 dwelling units to be developed 
exclusively through the rehabilitation of vacant houses. 

BY amending the extension of the Cooperation Agreement 
entered into by and between the Mayor and City Council 
and the Housing Authority of Baltimore City approved 
by Ordinance No. 1077, approved March 20, 1950. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That notwithstanding the provisions of Sec- 
tions 1 and 3 A of Ordinance No. 1077, approved March 
20, 1950, the Mayor and City Council do approve and 
authorize the extension of the Cooperation Agreement en- 
tered into by and between the Mayor and City Council of 
Baltimore and the Housing Authority of Baltimore City, 
a body corporate, on March 29, 1950, approved by Ordi- 
nance No. 1077, approved March 20, 1950, as amended by 
Amendatory Agreement of July 30, 1958, approved by 
Ordinance No. 1571, approved July 3, 1958, and as further 
amended and extended from time to time, in all its applic- 
able terms, covenants and conditions to a low-rent housing 
project comprising not more than three hundred (300) 
dwelling units; provided, however, that all dwelling units 
of such low-rent housing project shall be developed 
through the rehabilitation of vacant houses. 

Sec. 2. And be it further ordained, That any and all 
laws, ordinances and resolutions and any and all parts of 



344 ORDINANCES Ord. No. 293 

any and all laws, ordinances and resolutions in force in 
the City of Baltimore, inconsistent with the provisions of 
this ordinance, are hereby declared not to be applicable to 
the provisions of this ordinance. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 293 
(Council No. 476) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a certain parcel of land no longer needed 
for public use located at 6800 Eastern Avenue. 

BY authority of 
Article V — Comptroller 
Section 5(b) 
Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to this parcel of land 
situate in Baltimore, Maryland, and described as follows: 

Address Ward Section Block Lot 

6800 Eastern Ave. 26 17 6354 1 

Said property being no longer needed for public use. 



ORDINANCES 345 

Sec. 2. And be it further ordained, That no deed or 
deeds shall pass in accordance herewith until the same 
shall have been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 294 
(Council No. 548) 

AN ORDINANCE concerning 

BUILDING CODE WAIVER 
CONFERENCE ROOM, INC. 

FOR the purpose of waiving a provision of the Building 
Code to permit construction and maintenance of six 
columns for a canopy (canopy 11' x 48') for the im- 
provements known as 39 South Street into the adjoining 
sidewalk area on Lombard Street. 

BY waiving 

Article 32 — Building Code 

Paragraph 2135 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Coimcil 
of Baltimore, That Paragraph 2135 of Article 32 of the 
Baltimore City Code (1976 Edition, as amended), said 
article being known generally as the Building Code of 
Baltimore City, be waived in order to permit the construc- 
tion and maintenance of six columns for a canopy (canopy 
11' X 48') for the improvements known as 39 South Street 
into the adjoining sidewalk area on Lombard Street. Ex- 
cept as in this ordinance specifically proved PROVIDED, 
all ordinances and all rules and regulations of the Mayor 
and City Council of Baltimore shall be complied with in 
the construction and use of said canopy. 



346 ORDINANCES Ord. No. 295 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 14, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 295 
(Council No. 496) 

AN ORDINANCE concerning 

ZONING— APPROVAL FOR CONDITIONAL USE 
PARKING LOT 

FOR the purpose of granting permission for the establish- 
ment, maintenance and operation of an open off-street 
parking area on the property located at 300-310 Worsley 
Street as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 
Article 30 — Zoning 
Sections 4.9-ld and 11.0-6d 
Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of an open off- 
street parking area on the property located at 300-310 
Worsley Street as outlined in red on the plats accompany- 
ing this ordinance, under the provisions of Sections 4.9-ld 
and 11.0-6d of Article 30 of the Baltimore City Code (1976 
Edition, as amended) title "Zoning". 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 



ORDINANCES 347 

then transmit a copy of the ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 18, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 296 

(Council No. 409) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City 
Council of Baltimore to sell either at public or private 
sale all the interest of the Mayor and City Council of 
Baltimore in and to cei-tain parcels of land no longer 
needed for public use located in Block 7696, Lot 6A and 
portion of Lot 7. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 
Ck>uncil of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the southwest side of Edge wood Street, 60 



348 ORDINANCES Ord. No. 296 

feet wide, and the Right of Way Line of Interstate Route 
No. 95, and running thence binding on said Right of Way 
line, Southerly 114 feet, more or less; thence continuing 
to bind on said Right of Way Line and on the second line 
of the first parcel of land conveyed by Southwest Asso- 
ciates to the Mayor and City Council of Baltimore by deed 
dated September 7, 1978 and recorded among the Land 
Records of Baltimore City in Liber R.H.B. No. 3674 Folio 
407, Southerly 30 feet, more or less ; thence binding on the 
third and last lines of the first parcel of land described in 
said deed the two following courses and distances ; namely. 
Southwesterly 63 feet, more or less, and Northwesterly 
25.00 feet to the southeast outline of a parcel of land desig- 
nated as Lot 352 as shown on the plat of "Caton Heights'', 
recorded among the said Land Records in Plat Book S.C.L. 
No. 4, Folio 84 and 85, conveyed by Katherine M. Schmel- 
yun to the Mayor and City Council of Baltimore by deed 
dated August 28, 1969 and recorded among said Land 
Records in Liber R.H.B. No. 2558, Folio 305; thence bind- 
ing in part on the southwest outline of said Lot 352, in 
part on the southwest outline of Lot 353 as shown on said 
Plat and conveyed in last said deed and in all, reversely 
on the fourth line of a parcel of land conveyed by Katherine 
M. Schmelyun to R and J Associates "Etal" by deed dated 
April 17, 1979 and recorded among the said Land Records 
in Liber W.A. 3756, Folio 415, Northwesterly 100 feet; 
thence binding on the northwest side of said Lot 353 and 
reversely on the third line of last said deed. Northeasterly 
140 feet, more or less, to the southwest side of said Edge- 
wood Street, and thence binding on the southwest side of 
said Edgewood Street, Southeasterly 4 feet, more or less, 
to the place of beginning. 

SUBJECT to a 20 foot easement contiguous to the second 
line of this description AND SUBJECT TO A 25 FOOT 
RIGHT-OF-WAY THROUGH THESE LOTS FOR THE 
CONSTRUCTION OF A PROPOSED SANITARY SEW- 
ER WHICH IS TO INTERCEPT THE SANITARY SYS- 
TEM FLOWING TO THE EXISTING PUMPING STA- 
TION ON BENSON AVENUE WEST OF HAVERHILL 
AVENUE. 

Said property being no longer needed for public use. 



ORDINANCES 349 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall 
have been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 19^1. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 297 

(Council No. 410) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all of the interest of the Mayor and City Council of 
Baltimore in and to certain parcels of land and im- 
provements no longer needed for public use located in 
the bed of Broening Highway, 80 feet wide, from Keith 
Avenue, southerly and southeasterly In the vicinity of 
Colgate Creek. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Broening Highway, as now 



350 ORDINANCES Ord. No. 297 

laid out 80 feet wide and the southeast side of Ramp A, 
48 feet wide, of Broening Highway as realigned and 
widened and running thence binding on the east side of 
Broening Highway mentioned firstly herein, South 02°- 
53'-00" East 564.68 feet ; thence binding on the north, east 
and south sides of Broening Highway, as realigned and 
widened, the twenty-one following courses and distances; 
namely. South 82°-52'-20" West 1.60 feet, by a line curving 
to the right with a radius of 635.02 feet the distance of 
46.11 feet which arc is subtended by a chord bearing 
North 04°-57'-26" West 46.10 feet. North 02°-52'-37" West 
110.77 feet, North 87°-07'-23" East 2.00 feet, North 02°- 
52'-37" West 2.00 feet. South 87°-0r-23" West 2.00 feet, 
North 02°-52'-37" West 17.00 feet, North 87°-07'-23" East 
2.00 feet, North 02°-52'-37" West 2.00 feet. South 87°- 
07'-23" West 2.00 feet, North 02°-52'-37" West 131.00 feet, 
North 87°-07'-23" East 2.00 feet, North 02°-52'-37" West 
2.00 feet. South 87°-07'-23" West 2.00 feet, North 02°- 
52'-37" West 132.00 feet. North 87°-07'-23" East 2.00 feet. 
North 02°-52'-37" West 2.00 feet, South 87°-0r-23" West 
2.00 feet. North 02°-52'-37" West 97.92 feet, North 87°- 
07'-23" East 1.99 feet and by a line curving to the right 
with a radius of 200.64 feet the distance of 22.07 feet 
which arc is subtended by a chord bearing North 00°-16'- 
29" East 22.06 feet to the place of beginning. 

Beginning for Parcel No. 2 at a point on the east side 
of Broening Highway, as now laid out 80 feet wide, said 
point of beginning being distant 2.00 feet southerly meas- 
ured along said east side of Broening Highway from the 
southernmost extremity of Parcel No. 1 and running 
thence binding on said east side of Broening Highway, 
South 02°-53'-00" East 16.37 feet to intersect the east side 
of Broening Highway as realigned and widened and thence 
binding on the east and south sides of last said Broening 
Highway the two following courses and distances ; namely, 
by a line curving to the right with a radius of 635.02 feet 
the distance of 16.33 feet which arc is subtended by a 
chord bearing North 07°-57'-16.5" West 16.33 feet and 
North 82°-52'-20" East 1.45 feet to the place of beginning. 

Beginning for Parcel No. 3 at a point on the west side 
of Broening Highway, as now laid out 80 feet wide, said 
point of beginning being distant 1,192.59 feet southerly 



ORDINANCES 351 

measured along said west side of Broening Highway from 
the north outline of Western Electric Co., Inc. property 
known as No. 2500 Broening Highway, said point of be- 
ginning also being the intersection of said west side of 
Broening Highway and the southwest side of Broening 
Highway as realigned and widened and running thence 
binding on the west side of Broening Highway mentioned 
firstly herein, by a line curving to the left with a radius 
of 411.50 feet the distance of 60.38 feet which arc is sub- 
tended by a chord bearing South 14°-12'-04" East 60.33 
feet to intersect the northwest side of Broening Highway 
as realigned and widened and thence binding on the north- 
west and southwest sides of last said Broening Highway, 
the two following courses and distances; namely. North 
72°-27'-46" East 0.90 feet and by a line curving to the 
right with a radius of 719.02 feet the distance of 60.30 feet 
which arc is subtended by a chord bearing North 15°-03'- 
18" West 60.28 feet to the place of beginning. 

Beginning for Parcel No. 4 at a point on the southwest 
side of Broening Highway, as now laid out 80 feet wide, 
said point of beginning being distant 2.00 feet southeasterly 
measured along said southwest side of Broening Highway 
from the southeasternmost extremity of Parcel No. 3 and 
running thence binding on said southwest side of Broen- 
ing Highway by a line curving to the left with a radius 
of 411.50 feet the distance of 26.64 feet which arc is sub- 
tended by a chord bearing South 20°-32'-16" East 26.63 
feet to intersect the southwest side of Broening Highway 
as realigned and widened and thence binding on the south- 
west and southeast sides of last said Broening Highway 
the two following courses and distances; namely, by a line 
curving to the right with a radius of 719.02 feet the dis- 
tance of 26.60 feet which arc is subtended by a chord 
bearing North 18°-40'-37" West 26.60 feet and South 72°- 
27'-46" West 0.87 feet to the place of beginning. 

Beginning for Parcel No. 5 at a point on the northeast 
side of Broening Highway, as now laid out 80 feet wide, 
said point of beginning being distant 168.09 feet south- 
easterly measured along said northeast side of Broening 
Highway from the southernmost extremity of Parcel No. 
2, said point of beginning also being the intersection of 
said northeast side of Broening Highway and the north- 



352 ORDINANCES Ord. No. 297 

east side of Broening Highway as realigned and ^videned 
and running thence binding on the northeast side of Broen- 
ing Highway mentioned firstly herein, South 29°-ll'-28" 
East 151.83 feet to intersect the northeast side of Broening 
Highway as realigned and widened and thence binding on 
the northeast, southeast and northwest sides of Broening 
Highway as realigned and widened the six following 
courses and distances; namely, by a line curving to the 
right with a radius of 1,467.11 feet the distance of 78.65 
feet which arc is subtended by a chord bearing North 
31°-14'-35" West 78.64 feet. North 60°-19'-55" East 2.00 
feet, North 29°-40'-05" West 2.00 feet. South 60°-19'-55" 
West 2.00 feet, by a line curving to the right with a radius 
of 1,467.11 feet the distance of 10.75 feet which arc is 
subtended by a chord bearing North 29°-25'-09.5" West 
10.75 feet and by a line curving to the right with a radius 
of 635.02 feet the distance of 60.58 feet which arc is sub- 
tended by a chord bearing North 26°-28'-35" West 60.56 
feet to the place of beginning. 

Beginning for Parcel No. 6 at a point on the southwest 
side of Broening Highway, as now laid out 80 feet wide, 
said point of beginning being distant 263.79 feet south- 
easterly measured along said southwest side of Broening 
Highway from the southeasternmost extremity of Parcel 
No. 4, said point of beginning also being the intersection 
of said southwest side of Broening Highway and south- 
west side of Broening Highway as realigned and widened 
and running thence binding on the southwest, northwest 
and southeast sides of Broening Highway as realigned and 
widened the eighteen following courses and distances; 
namely, by a line curving to the left with a radius of 
1,551.11 feet the distance of 80.64 feet which arc is sub- 
tended by a chord bearing South 36°-04'-36" East 80.64 
feet, South 52°-23'-49" West 2.00 feet, South 37°-36'-ll" 
East 2.00 feet. North 52°-23'-49" East 2.00 feet, by a line 
curving to the left with a radius of 1,551.11 feet the dis- 
tance of 120.31 feet which arc is subtended by a chord 
bearing South 39°-51'-43.5" East 120.28 feet, South 47°- 
52'-44" West 2.00 feet. South 42°-07'-16" East 2.00 feet, 
North 47°-52'-44" East 2.00 feet, by a line curving to the 
left with a radius of 1,551.11 feet the distance of 116.20 
feet which arc is subtended by a chord bearing South 44°- 



ORDINANCES 353 

18'-15" East 116.17 feet, South 43°-30'-46" West 2.00 feet, 
South 46°-29'-14" East 2.00 feet, North 43°-30M6" East 
2.00 feet, by a line curving to the left with a radius of 
1,551.11 feet the distance of 118.26 feet which arc is sub- 
tended by a chord bearing South 48°-42'-30" East 118.23 
feet, South 39°-04'-14" West 2.00 feet, South 50°-55'-46" 
East 2.00 feet, North 39°-04'-14" East 2.00 feet, by a line 
curving to the left with a radius of 1,551.11 feet the dis- 
tance of 91.05 feet which arc is subtended by a chord bear- 
ing South 52°-38'-53'' East 91.04 feet and South 54°-19'- 
47" East 146.47 feet to intersect the southwest side of 
Broening Highway, as now laid out 80 feet mde and 
thence binding on the southwest sides of last said Broening 
Highway the three following courses and distances; 
namely, North 55°-29'-56" West 360.21 feet, by a line 
curving to the right with a radius of 411.50 feet the dis- 
tance of 188.94 feet which arc is subtended by a chord 
bearing North 42°-20M2" West 187.29 feet and North 
29°-ll'-28" West 140.37 feet to the place of beginning. 

Beginning for Parcel No. 7 at a point on the southwest 
side of Broening Highway, as now laid out 80 feet wide, 
said point of beginning being distant 231.49 feet south- 
easterly measured along said southwest side of Broening 
Highway from the southeasternmost extremity of Parcel 
No. 6, said point of beginning also being the intersection 
of said southwest side of Broening Highway and the 
southwest side of Broening Highway as realigned and run- 
ning thence binding on the southwest, northwest and south- 
east sides of Broening Highway as realigned the seventeen 
following courses and distances ; namely, by a line curving 
to the left with a radius of 405.00 feet the distance of 
20.25 feet which arc is subtended by a chord bearing South 
64°-31'-15.5" East 20.25 feet, by a line curving to the 
right with a radius of 395.00 feet the distance of 72.24 
feet which arc is subtended by a chord bearing South 60°- 
42'-51.5" East 72.14 feet. South 55°-28'-31" East 9.43 feet, 
South 34°-31'-29" West 2.00 feet, South 55°-28'-31" East 
2.00 feet. North 34°-31'-29'' East 2.00 feet. South 55°- 
28'-31" East 201.00 feet. South 34°-31'-29" West 2.00 feet. 
South 55°-28'-31" East 2.00 feet. North 34°-31'-29" East 
2.00 feet. South 55°.28'-31" East 301.00 feet. South 34°- 
3r-29" West 2.00 feet, South 55°-28'-31" East 2.00 feet. 



354 ORDINANCES Ord. No. 297 

North 34°-31'-29" East 2.00 feet, South 55°-28'-31" East 
7.60 feet, by a line curving to the left with a radius of 
1,642.02 feet the distance of 224.82 feet which arc is sub- 
tended by a chord bearing South 59°-23'-51.5" East 224.64 
feet and South 26°-31'-ll" West 4.88 feet to the southwest 
side of Broening Highway, as now laid out 80 feet wide 
and thence binding on the southwest sides of last said 
Broening Highway the two following courses and dis- 
tances; namely, North 63°-16'-10" West 147.83 feet and 
North 55°-29'-56" West 695.20 feet to the place of be- 
ginning. 

Beginning for Parcel No. 8 at a point on the northeast 
side of Broening Highway, as now laid out 80 feet wide, 
said point of beginning being distant 1,422.32 feet south- 
easterly measured along said northeast side of Broening 
Highway from the southeasternmost extremity of Parcel 
No. 5, said point of beginning also being the intersection 
of said northeast side of Broening Highway and the north- 
east side of Broening Highway as realigned and running 
thence binding on the northeast sides of Broening Highway 
as now laid out 80 feet wide, the two following courses 
and distances ; namely, South 55°-29'-56" East 205.88 feet 
and South 63°-16'-10'' East 142.23 feet and thence binding 
on the northwest and northeast sides of Broening Highway 
as realigned the four following courses and distances; 
namely, South 26°-47'-22" West 7.12 feet, by a line curving 
to the right with a radius of 1,574.02 feet the distance of 
215.51 feet which arc is subtended by a chord bearing 
North 59°-23'-51.5" West 215.34 feet. North 55°-28'-31" 
West 95.27 feet and by a line curving to the right with a 
radius of 295.00 feet the distance of 37.74 feet which arc 
is subtended by a chord bearing North 51°-48'-35.5" West 
37.72 feet to the place of beginning. 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

SUBJECT TO RETENTION OF RIGHTS-OF-WAY 
OVER THREE EXISTING STORM WATER DRAINS 
AS SHOWN ON THE PLATS FILED IN THE COUNCIL 
BILL FILE. 

Said property being no longer needed for public use. 



ORDINANCES 355 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 298 
(Council No. 435) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a certain parcel of land and improve- 
ments no longer needed for public use located in Block 
3257, Lot 4 and known as Public School No. 18. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to a certain parcel of 
land and improvements situate in Baltimore, Maryland, 
and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of Druid Park Drive, 
as now laid out 80 feet wide, and the southwest side of 



356 ORDINANCES Ord. No. 299 

Towanda Avenue, as now laid out 60 feet wide, and run- 
ning thence binding on the southwest side of said Towanda 
Avenue, Southeasterly 458 feet, more or less, to intersect 
the center line of the former bed of an alley, 15 feet 
wide, as condemned and closed; thence binding on the 
center line of the former bed of said alley. Southwesterly 
546 feet, more or less, to intersect a northeast outline of 
the property known as No. 3001 Druid Park Drive; 
thence binding on said northeast outline of said property, 
Northwesterly 465 feet, more or less, to the southeast 
side of said Druid Park Drive and thence binding on the 
southeast side of said Druid Park Drive the two following 
courses and distances; namely, Northeasterly by a line 
curving to the left with a radius of 4487.30 feet the dis- 
tance of 254 feet, more or less, and Northeasterly 292 
feet, more or less, to the place of beginning, being Block 
3257, Lot 4 and known as Public School No. 18. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall 
have been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 299 
(Council No. 436) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Bal- 



ORDINANCES 357 

timore in and to certain parcels of land and improve- 
ments no longer needed for public use located in Block 
208, Lot 25 (1800/1820 Hollins Street) and known as 
Public School No. 48. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Chai-ter (1964 Revision as amended) 

Section 1. Be it oy^dmned by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Aiiricle V, Section 5(b) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to a ceii:ain parcel of 
land situate in Baltimore, Maryland, and described as 
follows : 

BEGINNING for the same at the point formed by the 
intersection of the north side of Hollins Street, as now 
laid out Q>^ feet wide, and the east side of Monroe Street, 
as now laid out QQ feet \\'ide, and running thence binding 
on the east side of said Monroe Street, Northerly 129 
feet, more or less, to intersect the south side of Booth 
Street, as now laid out 20 feet wide; thence binding on 
the south side of said Booth Street, Easterly 425 feet, 
more or less, to intersect the west side of Fulton Avenue, 
as now laid out 66 feet wide; thence binding on the west 
side of said Fulton Avenue, Southerly 87 feet, more or 
less, to intersect the northwest side of Frederick Avenue, 
as now laid out varying in width; thence binding on the 
northwest side of said Frederick Avenue, Southwesterly 
102 feet, more or less, to intersect the north side of said 
Hollins Street, and thence binding on the north side of 
said Hollins Street, Westerly 326 feet, more or less, to 
the place of beginning, being in Block 208, Lot 25 (1800/ 
1820 Hollins Street) and kno^\Ti as Public School No. 48. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall 
have been first approved by the City Solicitor. 



358 ORDINANCES Ord. No. 300 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 300 
(Council No. 495) 

AN ORDINANCE concerning 

CITY PROPERTY— SALE 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to sell either at public or private sale 
all the interest of the Mayor and City Council of Balti- 
more in and to a certain parcel of land no longer needed 
for public use known as the Former Bed of Clinton 
Street, extending southerly from Newgate Avenue to the 
Seaward Side of the Bulkhead. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V Section 5(b) of the 
City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the south side of Newgate Avenue, 70 feet 
wide, and the east side of the former bed of Clinton Street, 
70 feet wide, as condemned and closed, and running thence 
binding on the east side of said Clinton Street, South 
02°-51'-40" East 390 feet, more or less, to the seaward 
side of the existing physical bulkhead located at the foot 



ORDINANCES 359 

of said Clinton Street; thence binding along the seaward 
side of said bulkhead, Westerly 70 feet to intersect the 
west side of said Clinton Street; thence binding on the 
west side of said Clinton Street, North 02°-51'-40" West 
390 feet, more or less, to intersect the line of the south 
side of said Newgate Avenue, if projected westerly and 
thence binding reversely on said line so projected, Easterly 
70 feet to the place of beginning. 

Containing 27,300 square feet or 0.63 acre of land, more 
or less. 

The Mayor and City Council of Baltimore reserves unto 
themselves any and all riparian rights. 

SUBJECT TO A 15 FOOT RIGHT-OF-WAY OVER 
THE EXISTING STORM DRAIN SITUATED THERE- 
IN, AND PROVIDED THAT LEBANON CHEMICAL 
CORPORATION ASSUMES THE RESPONSIBILITY 
FOR THE DRAINAGE CONVEYED BY THIS STREET 
FROM THAT PORTION OF SOUTH CLINTON STREET 
REMAINING OPEN. 

Said property being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



360 ORDINANCES Ord. No. 301 

No. 301 
(Council No. 513) 

AN ORDINANCE concerning 

URBAN RENEWAL— WEST COLD SPRING TRANSIT 
STATION AREA— URBAN RENEWAL PLAN 

FOR the purpose of approving an Urban Renewal Plan for 
an area situate in Baltimore City, Maryland, known as 
the Coldspring Lane Transit Station Urban Renewal 
Area, bounded generally by Oakford Avenue on the north, 
Callaway Avenue and Dorithan Road on the west. Belle 
Avenue and Hilton Road on the south, and Wabash 
Avenue on the east, to among other things, (1) changing 
the name of ''Coldspring Lane" Transit Station Urban 
Renewal Area to "West Cold Spring" Transit Station 
Urban Renewal Area; (2) revising the boundary des- 
cription to correct certain technical errors; (3) adding, 
deleting and/or revising the objectives to be met in imple- 
menting the Plan; (4) revising the provisions regarding 
review by the Department of Housing and Community 
Development of all plans for new construction, exterior 
rehabilitation, demolition and change in use of property 
in the Coldspring Lane Transit Station Urban Renewal 
Area; (5) establishing permitted land uses; (6) author- 
izing the acquisition by purchase or by condemnation by 
THE Mayor and City Council of Baltimore, for urban re- 
newal purposes of the fee simple interest or any lesser in- 
terest in and to certain properties within the Coldspring 
Lane Transit Station Urban Renewal Area; (7) providing 
that in selling land in the Coldspring Lane Transit Sta- 
tion Urban Renewal Area, the Department of Housing 
and Community Development shall require that developers 
agree in writing not to discriminate in the sale, lease, use 
or occupancy of the property developed by them against 
any person because of race, color, sex, religion or national 
origin; (8) providing that the cleaning of masonry fa- 
cades by means of sandblasting shall not be permitted and 
providing a penalty for any violation of this standard; 
(9) providing that the approval of said Renewal Plan is 
not an enactment of such amendments to the Zoning 
Ordinance as are proposed in the Renewal Plan; (10) 



ORDINANCES 361 

waiving such requirements, if any, as to content or pro- 
cedure for the preparation, adoption and approval of 
Renewal Plans as set forth in Section 25 of Article 13 of 
the Baltimore City Code (1976 Edition, as amended) 
which the Renewal Plan for the Coldspring Lane Transit 
Station Urban Renewal Area may not meet; (11) provid- 
ing for the separability of the various parts and applica- 
tions of this ordinance; (12) providing that where the 
provisions of this ordinance shall conflict with any other 
ordinance, code or regulation, the provision which estab- 
lishes the higher standard shall prevail; and (13) pro- 
viding for the effective date hereof. 

Whereas, the area known as the Coldspring Lane 
Transit Station Urban Renewal Area, bounded generally 
by Oakford Avenue on the north, Callaway Avenue and 
Dorithan Road on the west. Belle Avenue and Hilton 
Road on the south, and Wabash Avenue on the east, was 
designated a "Renewal Area" by Ordinance No. 377, 
approved June 28, 1977 ; and 

Whereas, it is necessary and desirable that the name 
of this Urban Renewal Area be changed from "Cold- 
spring Lane" Transit Station Urban Renewal Area to 
"West Cold Spring" Transit Station Urban Renewal 
Area; and 

Whereas, under Article 13 of the Baltimore City Code 
(1976 Edition, as amended), the Department of Housing 
and Community Development is authorized to prepare 
and administer renewal plans in renewal areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan, for Cold- 
spring Lane Transit Station Area, consisting of a cover 
page, a table of contents, 11 pages of text, and 4 exhib- 
its; and 

Whereas, the Renewal Plan for the Coldspring 
Lane Transit Station Area was approved by the Direc- 
tor of the Department of Planning with respect to its 
conformity as to the Master Plan; the detailed location of 
any public improvements proposed in the Renewal Plan; 
its conformity to the rules and regulations for subdivi- 
sions, and all zoning changes proposed in the Renewal 



362 ORDINANCES Ord. No. 301 

Plan, and the Renewal Plan was approved and recom- 
mended to the Mayor and City Council of Baltimore by 
the Commissioner of the Department of Housing and 
Community Development ; now, therefore. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the name of the Coldspring Lane Tran- 
sit Station Urban Renewal Area shall be changed and 
henceforth said area shall be known as the "West Cold 
Spring Transit Station Urban Renewal Area". 

Sec. 2. And he it further ordained, That the Urban Re- 
newal Plan, identified as ''Urban Renewal Plan West Cold 
Spring Transit Station Urban Renewal Area" . . . Janu- 
ary 5, 1981, is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said Renewal 
Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available 
for public inspection and information. 

Sec. 3. And he it further ordained. That the boundary 
description of the West Cold Spring Transit Station Urban 
Renewal Area shall be revised to correct certain technical 
errors : therefore, Section 2 of Ordinance No. 377 approved 
June 28, 1977 is hereby amended to read as follows : 

Beginning for the same at the point formed by the inter- 
section of the northwestern right-of-way line of Wabash 
Avenue; thence running in a northwesterly direction, and 
binding on the western right-of-way line of said Wabash 
Avenue crossing Edgewood Road, Annellen Road, [Celare- 
dale] Cedardale Road, Grantley [Place] Road, Bareva 
Road, Belle Avenue and [Coldspring] Cold Spring Lane, 
to a point of intersection wdth the northwestern right-of- 
way line of the said 15 foot alley^ ; thence running in a 
southwesterly direction, binding on the northwestern right- 
of-way line of said 15 foot alley, continuing in a straight 
line on the northwestern right-of-way line of Oakford Ave- 
nue, crossing Columbus Drive, a second 15 foot alley and 
Dolfield Avenue, to a point of intersection with the south- 
western right-of-way line of said Dolfield Avenue; thence 
running in a southeasterly direction, binding on the south- 
western right-of-way line of said Dolfield Avenue, to a point 



ORDINANCES 363 

of intersection with the southeastern boundary line of iot 
LOT 10, Block 2951 A; thence running in a southwesterly 
direction, binding on the southeastern boundary line of 
said Lot 10, crossing the first 15 foot alley and continuing 
on the northwestern boundary line of Lot 35, Block 2951 A, 
crossing Callaway Avenue, to a point of intersection with 
the southwestern right-of-way line of said Callaway Ave- 
nue; thence running in a southeasterly direction, binding 
on the southwestern right-of-way line of said Callaway 
Avenue, to a point of intersection with the line forming 
the boundar>^ of Lots 21 and 22, Block 2957; thence run- 
ning in a southwesterly direction, binding on the north- 
western boundary line of Lots 21 and 22, to a point of 
intersection with the southwestern boundary line of said 
Lot 21; thence running in a southeasterly direction, bind- 
ing on the southwestern boundaiy line of said Lot 21; 
crossing [Coldspring] Cold Spring Lane and continuing 
in a southwesterly direction, binding on the southwestern 
boundar>^ line of Lot 12, Block 2950; to a point of inter- 
section with the northwestern boundary line of Lot 14, 
Block 2950; thence running in a southwesterly direction, 
binding on the northwestern boundary line of said Lot 14, 
to a point of intersection ^vith the line forming the south- 
western boundary of Lots 14, 15, 16, 17 and 18, Block 
2950; thence running in a southeasterly direction, binding 
on the southwestern boundary line of said Lots 14 through 
18, crossing Boarman Avenue and continuing in a south- 
easterly direction, binding on the line forming the south- 
western boundary of Lots 25, 26, 27, 28, 29, 30 and 31, 
Block 2947, crossing the first 20 foot alley to a point of 
intersection with the western boundaiy line of Lot 33/34, 
Block 2947; thence running in a southerly direction, bind- 
ing on the western boundaiy line of Lot 33/34, Block 
2947, and crossing Belle Avenue, to a point of intersection 
A^th the southern right-of-way line of said Belle Avenue; 
to a point oi intorsoction with the southern right of way 
Ims of said Bollo Avonuo; thence running in an easterly 
direction, binding on the southern right-of-way line of 
said Belle Avenue, to a point of intersection with the 
western boundary line of Lots 27/28, Block 2940t ; 

thence running in a southerly direction, binding on the 
western boundary line of said Lots 27/28, to a point of 



364 ORDINANCES Ord. No. 301 

intersection with the northern rig'ht-of-way line of the 
first 20 foot alley; thence running in an easterly direction, 
binding on the northern right-of-way line of said 20 foot 
alley, crossing Callaway Avenue and continuing in a 
straight line to a point of intersection with the north- 
western right-of-Avay line of Copley Road; thence running 
in a northeasterly direction, binding on the northwestern 
right-of-way line of Lot 32, Block 3 123 A; thence running 
in a northeasterly direction, crossing Copley Road and 
binding on the southeastern right-of-way line of said Lot 
32, to a point of intersection with the southwestern right- 
of-way line of Dolfield Avenue; thence running in a north- 
westerly direction, binding on the southwestern right-of- 
way line of said Dolfield Avenue, to a point of intersection 
with the southern right-of-way line of Belle Avenue; thence 
running in an easterly direction binding on the southern 
right-of-way line of said Belle Avenue, crossing Dolfield 
Avenue and Dorithan Road to a point of intersection with 
the northeastern right-of-way line of said Dorithan Road ; 
thence running in a southeasterly direction binding on the 
northeastern right-of-way line of said Dorithan Road, 
crossing Bareva Road, Grantley [Place] Road, Cedardale 
Road, Annellen Road, and Edgewood Road, to a point of 
intersection with the southeastern right-of-way line of 
Edgewood Road; thence running in a southwesterly direc- 
tion, binding on the southeastern right-of-way line of said 
Edgewood Road crossing Dorithan Road to a point of in- 
tersection with the northeastern right-of-way line of Dol- 
field AvenueT ; 

thence running in a southeasterly direction, binding on the 
northeastern right-of-way of said Dolfield Avenue, to a 
point of intersection with the northwestern right-of-way 
of Hilton Road; thence running in a northeasterly direc- 
tion, binding on the northwestern right^f-way line of said 
Hilton Road, crossing Dorithan Road, to the point of 
beginning. 

Sec. 4. And he it further ordained, That it is necessary 
to revise, add, and/or delete certain objectives to be met 
in the development of a comprehensive plan for the Cold- 
spring Lane Transit Station Urban Renewal Area as set 
forth in Section 3 of Ordinance No. 377 approved June 28, 



ORDINANCES 365 

1977; therefore, said Section 3 of Ordinance No. 377 is 
hereby amended and the objectives contained in Section 
A.2. of the Urban Renewal Plan for the West Cold Spring 
Transit Station Urban Renewal Area, dated January 5, 
1981, are hereby approved. 

Sec. 5. And be it further ordained, That the provisions 
regarding review by the Department of Housing and Com- 
munity Development of all plans for new construction, 
exterior rehabilitation, change in use, and demolition of 
property not to be acquired shall be revised. Therefore, 
Section 4 of said Ordinance No. 377 approved June 28, 
1977, is hereby amended to read as follows : 

All plans for new construction, (including parking lots), 
exterior rehabilitation, [demolition, and] change in use 
and demolition of any building on any property in the 
[Coldspring Lane] West Cold Spring Transit Station Area 
shall be submitted to the Department of Housing and Com- 
munity Development for review and approval. Such re- 
view shall be concerned with, but not necessarily limited 
to, urban design standards, site planning, architectural 
treatment, materials, colors, building construction, land- 
scape design, access, signs, lighting, elevation, servicing, 
streets, and sidewalks. Only [Upon] upon finding that the 
proposed plans are consistent with the objectives stated 
in [Section 3 of this ordinance] Section A.2. of the Urban 
Renetval Plan, and the land use is appropriate, shall the 
Commissioner of the Department of Housing and Com- 
munity Development [shall] authorize the processing of 
the plans for issuance of the necessary permit (s). The 
Commissioner may, upon finding that the proposed plans 
are inconsistent with the objectives stated in [Section 3 
of this ordinance] Section A. 2. of the Urban Reneival Plan, 
deny the issuance of a pemiit. If the Commissioner denies 
the issuance of a demolition permit, he shall within 90 
days of such denial, seek approval of the Board of Esti- 
mates to acquire for and on behalf of the Mayor and City 
Council of Baltimore the property, in whole or in part, 
on which said [new construction, exterior rehabilitation,] 
demolition, [or change in use of any building on any prop- 
erty] was to have occurred, by purchase, lease, condemna- 
tion, gift, or other legal means. In the event that the 



366 ORDINANCES Ord. No. 301 

Board of Estimates does not authorize the acquisition, 
the Commissioner, without delay, shall issue the demoli- 
tion permit. 

The provisions of this section are in addition to, and not 
in lieu of all other applicable laws and ordinances. 

Sec. 6. And be it further ordained, That the permitted 
land uses for the West Cold Spring Lane Transit Station 
Area, as contained in Section B.l. of the Urban Renewal 
Plan, are hereby approved. 

Sec. 7. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to certain property or portion thereof, to- 
gether with all right, title, interest, and estate that the 
owner or owners of said property interest may have in all 
streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/ or contained within the 
perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows : 

3520 Dolfield Avenue 

Sec. 8. And be it further ordained, That it may be neces- 
sary to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to such of the remaining properties or por- 
tions thereof, together with all right, title, interest, and 
estate that the owner or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, abutting said propeiiies in the West Cold Spring 
Transit Station Area not specifically designated for ac- 
quisition in Section 7 of this ordinance, as may be deemed 
necessary and proper by the Commissioner of the Depart- 
ment of Housing and Community Development to effect 
the proper implementation of the project. These properties 
may include: 

(a) any property in the project area containing a non- 
csalvable structure, i.e. a structure which in the opinion 
of the Commissioner of the Department of Housing and 
Community Development cannot be economically reha- 
bilitated. 



ORDINANCES 367 

(b) any property the owner of which is unable or un- 
willing to comply or conform to the codes and ordinances of 
Baltimore City within 12 months from the date of written 
notice of the required improvements; the Department of 
Housing and Community Development, after due con- 
sideration that the property owmer has failed to achieve 
substantial conformity with the codes and ordinances of 
Baltimore City may acquire such property pursuant to 
the Eminent Domain Law of this State as if the property 
had originally been planned for acquisition after 90 days 
written notice to the owner. The Department of Housing 
and Community Development reserves the right to acquire 
any such non-complying property for a period of two (2) 
years from the date of said w^ritten 90 days notice by the 
Depai-tment of Housing and Community Development. 

Sec. 9. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to such of the remaining properties or por- 
tions thereof, together wath all right, title, interest, and 
estate that the owmer or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, abutting said properties in West Cold Spring 
Transit Station Area not designated for acquisition in 
addition to those properties enumerated in Sections 7 and 
8 of this ordinance, in order to cany out rehabilitation by 
the Depaiiment of Housing and Community Development 
because : 

(a) it is necessary to make residential structures avail- 
able for use for low- and moderate-income families; or 

(b) rehabilitation on a structure-by-structure basis is 
infeasible, and assemblage of a group of properties is re- 
quired to carry out the objectives set forth in the Plan ; or 

(c) rehabilitation of individual, scattered properties is 
necessary in order to remove blighting influences from 
otherwise sound residential blocks. 

Sec. 10. And he it further ordained, That upon acquisi- 
tion of the properties, the Department of Housing and 
Community Development will either : 



368 ORDINANCES Ord. No. 301 

(a) demolish the structure or structures thereon and 
dispose of the land for redevelopment for uses in accord- 
ance with the Plan; or 

(b) sell or lease the property subject to rehabilitation 
in conformance with the codes and ordinances of Balti- 
more City; or 

(c) rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of the 
property in accordance with the applicable regulations. If 
sale cannot be consummated by the time rehabilitation is 
accomplished, property may be rented pending continuing 
sale efforts. 

Sec. 11. And be it further ordained, That the Real 
Estate Acquisition Division of the Department of the 
Comptroller, or such person or persons and in such manner 
as the Board of Estimates, in the exercise of the power 
vested in it by Article V, Section 5, of the Baltimore City 
Charter, may hereafter from time to time designate, is 
or are authorized to acquire on behalf of the Mayor and 
City Council of Baltimore and for the purposes described 
in this ordinance, the fee simple interest or any lesser 
interest in and to the properties or portions thereof here- 
inabove mentioned. If the Real Estate Acquisition Division 
of the Department of the Comptroller, or such person or 
persons and in such manner as the Board of Estimates, 
in the exercise of the power vested in it by Article V, 
Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are unable to agree 
with the owner or owners on the purchase price for said 
properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City, who shall there- 
upon institute in the name of the Mayor and City Council 
of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interest or any lesser 
interest in and to said properties or portions thereof. 

Sec. 12. And be it further ordained, That in selling or 
otherwise disposing of property in the West Cold Spring 
Transit Station Area, the Department of Housing and 
Community Development shall require that the developers 
agree in writing not to discriminate in the sale, lease, use 



ORDINANCES 369 

or occupancy of the property developed by them against 
any person because of race, creed, color, sex, religion, or 
national origin. 

Sec. 13. And be it further ordained, That the following 
standard shall be applied to all properties within the West 
Cold Spring Transit Station area : 

Cleaning of masonry facades by means of sandblasting 
shall not be permitted. 

Sec. 14. And be it further ordained, That any person 
violating the provision contained in Section 13 of this 
ordinance shall be subject to a fine not exceeding One 
Hundred Dollars ($100.00) and that each day's violation 
shall constitute a separate offense. 

Sec. 15. And be it further ordained, That the approval 
of the Renewal Plan for THE West Cold Spring Transit 
Station Area shall not be construed as an enactment of such 
amendments to the Zoning Ordinance as are proposed in 
the Renewal Plan on exhibit 4, Zoning Districts, dated 
January 5, 1981. 

Sec. 16. And be it further ordained. That in whatever 
respect, if any, the Renewal Plan approved hereby for the 
West Cold Spring Transit Station Area may not meet the 
requirements as to the content of a Renewal Plan or the 
procedure for the preparation, adoption, and approval of 
Renewal Plans as provided in Section 25 of Article 13 of 
the Baltimore City Code (1976 Edition, as amended) the 
said requirements are hereby waived and the Renewal 
Plan approved hereby is exempted therefrom. 

Sec. 17. And be it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordi- 
nance, or the application thereof to any person or cir- 
cumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or circum- 
stances shall not be affected thereby, the Mayor and City 
Council hereby declaring that they would have ordained 
the remaining provisions of this ordinance without the 



370 ORDINANCES Ord. No. 302 

word, phrase, clause, sentence, paragraph, section or part 
or the application thereof so held invalid. 

Sec. 18. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; pro- 
vided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion and protection of 
the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the City of Baltimore 
which establishes a lower standard for the promotion and 
protection of the public health and safety, the provision 
of this ordinance shall prevail, and the other existing pro- 
vision of such other ordinance or code or regulation is 
hereby repealed to the extent that it may be found in con- 
flict with this ordinance. 

Sec. 19. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 302 
(Council No. 581) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of providing for reserved parking on a 
lot on the west side of Anglesea Street for employees of 
City Hospitals. 



ORDINANCES 371 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the lot located on the west side of 
Anglesea Street from a point 225 feet south of the Main 
Drive to Building A to a point 351 feet south of the Main 
Drive to Building A and for a distance 375 feet westerly 
therefrom, parking is resen-ed for employees displaying 
permit issued by City Hospitals. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 303 
(Council No. 582) 

AN ORDINANCE concerning 

PARKING— RESERVED 

FOR the purpose of providing for reserved parking on the 
north side of Chase Street near Morton Street for Heidi 
Bodenheimer. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the north side of Chase Street from 
Morton Street to a point 45 feet west of Morton Street, 
parking is reserved for Heidi Bodenheimer. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect on the date of its passage. 

Approved May 21, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



372 ORDINANCES Ord. No. 304 

No. 304 
(Council No. 608) 

AN ORDINANCE concerning 

SANITARY LANDFILL— WOODBERRY QUARRY 

FOR the purpose of approving the Woodberry Quarry site 
for use as a public sanitary landfill and directing the 
Director of Public Works to apply for the necessary 
permits. 

BY authority 

Article 30 — Zoning Code 

Section 2.0-11-a 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a site, situate in Baltimore City, lo- 
cated south of Coldspring and west of the Jones Falls 
Expressway, as shown on the plats identified as C.E.I. 
Contract No. 8380, and filed in the office of the Director 
of the Department of Public Works on the seventh (7th) 
day of April, 1981, is hereby authorized and approved for 
use as a public sanitary landfill. 

Sec. 2. And he it further ordained, That the Director 
of Public Works is directed to apply to the State of Mary- 
land, Department of Health and Mental Hygiene and the 
Baltimore City Department of Health for the necessary 
authority to operate said Public Sanitary Landfill. 

Sec. 3. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 26, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 373 

No. 305 
(Council No. 662) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 

(MICHEL ASSOCIATES AND CAMP 

MANUFACTURING COMPANY PROJECT) 

FOR the pui-pose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $2,650,000, 
pursuant to the provisions of Sub-section (50) of Article 
II of the Charter of Baltimore City (1964 Revision), as 
amended, for the sole and exclusive purpose of financing 
the costs of the completion by Michel Associates, a 
Maryland general partnership, and Camp Manufacturing 
Company, a Mainland coi-poration, of a certain project 
in Baltimore City consisting of (a) the acquisition by 
Michel Associates of cei-tain real property in Baltimore 
City kno^^^l as 3010 Nieman Avenue (including the ex- 
isting improvements thereon), such real property to be 
leased to Camp Manufacturing Company for use in its 
business as a paper converter manufacturing stationery, 
school and office supplies, and (b) the acquisition and 
installation by Camp Manufacturing Company in and 
on such real property of certain machinery, equipment 
and other improvements necessary or useful in con- 
nection with the operation of its business; authorizing 
the Mayor of the City, on behalf of the City, to accept 
the letter of intent dated April 30, 1981, from Michel 
Associates and Camp Manufacturing Company to the 
City; making certain legislative findings; authorizing and 
empowering the Board of Finance of the City, by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any series of such bonds, to (a) 
prescribe, among other things but not limited to, the 
aggregate principal amount, foiTti, terms, provisions, 
manner or method of issuing and selling (including 
negotiated as well as competitive bid sale) , and the time 



374 ORDINANCES Ord. No. 305 

or times of issuance, and any and all other details of 
such bonds, and (b) do any and all thing's necessary, 
proper or expedient in connection with the issuance and 
sale of such bonds; providing that Michel Associates and 
Camp Manufacturing Company shall agree to submit 
any plans and specifications to, and to coordinate with, 
the Department of Housing and Community Development 
in connection with the completion of such project; pro- 
viding that such bonds (or bond anticipation notes is- 
sued in anticipation of the issuance of such bonds) must 
be issued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six month extension as pro- 
vided in this Ordinance; authorizing the issuance of 
notes in anticipation of the issuance of such revenue 
bonds; and generally providing for and determining 
various matters and details in connection with the issu- 
ance and sale of such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended (the "Enabling 
Law'*), empowers Mayor and City Council of Baltimore 
(the "City") to borrow money to finance undertakings 
for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including refund- 
ing bonds, notes or other obligations), all of which shall 
be fully negotiable, payable, as to both principal and 
interest, solely from and secured solely by a pledge of 
(I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues from 
or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, 
(III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combina- 
tion of (I), (II) or (III). The purposes, objects and 
powers of the City contemplated by the Enabling Law 



ORDINANCES 375 

include the relief of conditions of unemplojTnent in Bal- 
timore City, encouraging the increase of industry and 
a balanced economy in Baltimore City, promoting eco- 
nomic development in Baltimore City, and promoting 
the health, ^velfare and safety of the residents of Balti- 
more City. 

The City has received a letter of intent dated April 30, 
1981 (the ''Letter of Intent") from Michel Associates, a 
Maryland general partnership (the "Partnership") and 
Camp Manufacturing Company, a Maryland corporation 
(the ''Corporation"), pursuant to which the Partnership 
and the Coi-poration (each, a "Borrower" and collectively, 
the "Borrowers") have requested the City to participate 
in the financing of the costs of the completion by the 
Borrowers of a certain project in Baltimore City, Marj'- 
land (the "Project"), by issuing and selling the City's 
industrial development revenue bonds in the aggregate 
principal amount not to exceed $2,650,000 (the "Bonds") , 
and by making portions of the proceeds of the Bonds 
available to each of the Borrowers to be used by the 
Borrowers for the sole and exclusive pui-pose of financing 
the costs of the completion of the Project by the Bor- 
rowers. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist gen- 
erally of (a) the acquisition by the Partnership of a 
tract of land containing a.pproximately 8.0 acres in Bal- 
timore City, kno\\Ti as 3010 Nieman Avenue, and the 
existing improvements thereon containing approximately 
113,700 square feet (collectively, the "Real Property"), 
and (b) the acquisition and installation in and on the 
Real Property by the Corporation of any or all machinery, 
equipment and other improvements as may be necessary 
or useful in connection with the operation of the Cor- 
poration's business on the Real Property (collectively, the 
"Equipment"). The Real Property will be owned by the 
Partnership and leased to the Corporation, to be used by 
the Coii>oration, together with the Equipment, in its 
business as a paper converter manufacturing stationery, 
school and office supplies for distnbution throughout the 
eastern part of the United States of America. 



376 ORDINANCES Ord. No. 305 

The Enabling Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of the Bonds and the issuance and 
sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, it 
is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrowers. 

(2) The completion of the Project by the Borrowers 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) pro- 
moting economic development in Baltimore City; (c) 
encouraging the increase of industry and a balanced econ- 
omy in Baltimore City; and (d) assisting in the retention 
of existing industry in Baltimore City. 

(3) Any and all of the Bonds shall not be general ob- 
ligations of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City, and 
shall not constitute a debt of the City, all within the mean- 
ing of Section 7 of Article XI of the Constitution of Mary- 
land or within the meaning of any other constitutional, 
statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of the 
City. All of the Bonds shall be limited obligations of the 
City, and shall be fully negotiable, payable, as to both prin- 



ORDINANCES 377 

cipal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
■with the Project, (II) the revenues from or arising in 
connection with any contracts, mortgages or other secur- 
ities purchased or othemvise acquired with the proceeds 
of the Bonds, (III) the contracts, mortgages or other se- 
curities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery 
of any of the Bonds. 

Sec. 2. A7id be it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or 
from time to time and in one or more series, as limited 
obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, in the 
aggregate principal amount not to exceed $2,650,000, sub- 
ject to the provisions of this Ordinance. Portions of the 
proceeds of the Bonds will be made available to each of 
the Borrowers in amounts determined and under terms and 
conditions approved by the Board and set forth in a Reso- 
lution, and the proceeds of the Bonds will be used by the 
Borrowers for the sole and exclusive purpose of financing 
the costs of the completion of the Project. 

Sec. 3. And be it further ordained. That this Ordinance 
constitutes the present intent of the City to issue the Bonds, 
and the Mayor of the City is hereby authorized to accept 
the Letter of Intent on behalf of the City in order to 
further evidence the present intent of the City to issue 
the Bonds in accordance with the term.s and provisions 
of this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to : 

(a) prescribe, among other things but not limited to, 
the aggregate principal amount, form, terms, provisions, 
manner or method of issuing and selling (including nego- 
tiated as well as competitive bid sale), and the time or 



378 ORDINANCES Ord. No. 305 

times of issuance, and any and all other details of the 
Bonds and the issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of the Bonds; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), under 
which portions of the proceeds of the Bonds will be made 
available to each of the Borrowers to finance the costs of 
the completion of the Project, and determine the amount of 
the proceeds of the Bonds to be made available to each 
Borrower; and 

(d) do any and all things necessary, proper or expedient 
in connection with the issuance, sale and delivery of the 
Bonds. 

Sec. 5. And he it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination of 



ORDINANCES 379 

(I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrowers 
shall agree that: 

(a) they will submit any plans and specifications for 
the Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) they and their developers will work with the de- 
sign advisory group appointed by the Depaiiment of Hous- 
ing and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And he it further ordabied, That any and all of 
the Bonds shall be executed in the name of the City and 
on its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by 
the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessary to eifectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of 
the City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, the 
Director of Finance of the City, the Custodian of the City 
Seal and other officials of the City are hereby authorized 



380 ORDINANCES Ord. No. 305 

and empowered to do all such acts and things and execute 
such documents and certificates as the Board may deter- 
mine by resolution to be necessary to carry out and comply 
with the provisions hereof. 

Sec. 8. And be it further ordained, That any and all 
necessary financing statements required for the consumma- 
tion of the transactions authorized by this Ordinance may 
be executed on behalf of the City by the Mayor of the 
City or by the Chief, Bureau of Treasury Management of 
the City or by such other appropriate ofiicial of the City 
as may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 9. And be it further ordained, That the authority to 
issue the Bonds is intended and shall be deemed to include 
the authority to issue bond anticipation notes pursuant to 
Section 12 of Article 31 of the Annotated Code of Mary- 
land (1976 Replacement Volume and 1980 Cumulative 
Supplement), as amended (the ''Bond Anticipation Note 
Enabling Legislation"). Reference in this Ordinance to 
the "Bonds" shall include such bond anticipation notes 
where appropriate. Prior to the issuance, sale and delivery 
of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of such bond anticipation notes and the 
issuance and sale thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for the 
security of the holders of such bond anticipation notes ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 



ORDINANCES 381 

to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates) , under 
which portions of the proceeds of such bond anticipation 
notes will be made available to each of the Borrowers to 
finance the costs of the completion of the Project ; and 

(d) do any and all things necessary, proper or expedient 
in connection with the issuance, sale and delivery of such 
bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond 
anticipation notes issued pursuant to this Section of this 
Ordinance and the interest thereon from the proceeds of 
the Bonds in anticipation of the sale of which such notes 
are issued, and the City hereby further covenants to issue 
such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer 
exists. The timely issuance of such Bonds, however, is 
dependent upon matters not within the control of the City, 
including (without limitation) the existence of a pur- 
chaser or purchasers for such Bonds at the time the reason 
for deferring the issuance of the Bonds no longer exists 
and the effectiveness of various actions taken by the Bor- 
rower, its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 11. And he it further ordained, That either the 
Bonds or bond anticipation notes issued pursuant to Sec- 



382 ORDINANCES Ord. No. 306 

tion 9 of this Ordinance in anticipation of the issuance 
of the Bonds must be issued and sold within six months 
from the date on which this Ordinance is approved by the 
Mayor of the City; provided, however, that the Board, after 
a showing of good cause at a public hearing held before 
the Board prior to or after the expiration of such six 
month period, may extend the period during which either 
the Bonds or such bond anticipation notes may be issued 
and sold for one additional term not to exceed six months 
from the date on which the first six month period expired. 
The Board, in its sole discretion, and without action by 
the City Council, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested exten- 
sion of the six month period. If an extension is granted, 
notice of such extension and the reasons therefor must be 
sent to the City Council. To the extent that neither the 
Bonds nor such bond anticipation notes are issued and 
sold Avithin twelve months from the date on which this 
Ordinance is approved by the Mayor of the City, the 
authority provided in this Ordinance for the City to issue 
and sell the Bonds and such bond anticipation notes shall 
expire. 

Sec. 12. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 4, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 306 
(Council No. 527) 

AN ORDINANCE concerning 

FRANCHISE— OVERHEAD CONNECTING 
STRUCTURE FOR WAVERLY PRESS, INC. 

FOR the purpose of granting permission and authority to 
Waverly Press, Inc., a corporation, to construct, main- 



ORDINANCES 383 

tain and use a four-story overhead connecting structure 
above and across the surface of an unnamed 10-foot 
wide alley running east and west, lying between Hunter 
Street on the west and Guilford Avenue on the east, 
and lying between East Preston Street on the south and 
Mount Royal Avenue on the north, said overhead con- 
necting structure to connect the second, third and fourth 
floors of the premises located at 1310 Guilford Avenue 
to the second, third, fourth and fifth floors of premises 
to be erected at 210-216 East Preston Street ; AND 
MAKING CERTAIN LEGISLATIVE FINDINGS, 
AMONG OTHERS, CONCERNING THE PUBLIC 
BENEFIT AND PURPOSE OF THE FRANCHISE. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That IN ORDER TO (A) SUSTAIN JOBS 
AND EMPLOYMENT, THUS RELIEVING CONDI- 
TIONS OF UNEMPLOYMENT IN THE STATE OF 
MARYLAND AND IN BALTIMORE CITY; (B) EN- 
COURAGE THE INCREASE OF INDUSTRY AND THE 
CREATION OF A BALANCED ECONOMY IN THE 
STATE OF MARYLAND AND IN BALTIMORE CITY; 
(C) ASSIST IN THE RETENTION OF EXISTING IN- 
DUSTRY IN THE STATE OF MARYLAND AND IN 
BALTIMORE CITY; PROMOTE ECONOMIC DEVELOP- 
MENT; AND (E) THEREBY PROMOTE THE HEALTH, 
WELFARE AND SAFETY OF THE RESIDENTS OF 
THE STATE OF MARYLAND AND BALTIMORE 
CITY, permission and authority be and the same hereby 
is granted to Waverly Press, Inc., a corporation, to con- 
struct and maintain, at its own cost and expense, for a 
period not exceeding 25 years, a four-story overhead con- 
necting structure above and across the surface of an un- 
named alley lying between East Preston Street and Mount 
Royal Avenue, said overhead connecting structure to con- 
nect the second, third and fourth floors of the premises 
located at 1310 Guilford Avenue to the second, third, 
fourth and fifth floors of premises to be erected at 210-216 
East Preston Street. 

Sec. 2. And he it further ordained, That the bottom of 
said overhead connecting structure shall be not less than 
13 feet from the surface of the center of said street and 



384 ORDINANCES Ord. No. 306 

that said overhead connecting structure shall be 10 feet 
wide, 62 feet high and ^ 10 feet long. THE WESTERN- 
MOST EDGE OF SAID OVERHEAD STRUCTURE 
SHALL BE LOCATED 24 FEET FROM THE EASTERN 
BOUNDARY LINE OF HUNTER STREET. No com- 
bustible materials shall be used in the construction of same, 
and the said overhead connecting structure shall be erected 
and completed under the supervision and to the satisfaction 
of the Bureau of Building Inspection of Baltimore City, and 
shall be at all times hereafter subject to regulation and 
control by the said Bureau of Building Inspection. 

No woodwork or other combustible materials shall be 
used in the construction or maintenance of said four-story 
overhead connecting structure and said overhead connect- 
ing structure shall be constructed in all respects in ac- 
cordance with the Building Code of Baltimore City and 
shall be completed and maintained under the supervision 
and to the satisfaction of the Commissioner, Department 
of Housing and Community Development of Baltimore 
City, and shall be at all times hereafter, subject to regu- 
lation and control by the said Commissioner. 

Sec. 3. And be it further ordained, That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power at all times to exercise, in the interest of 
the public, full municipal superintendence, regulation and 
control in respect to all matters connected with this grant, 
and not inconsistent with the terms thereof. 

THE FRANCHISE HEREIN GRANTED SHALL BE 
HELD, EXERCISED AND ENJOYED FOR A PERIOD 
OF ONE YEAR FROM THE EFFECTIVE DATE OF 
THIS ORDINANCE, WITH THE FURTHER RIGHT 
TO THE GRANTEE OF TWENTY-FOUR (24) CON- 
SECUTIVE ONE (1) YEAR RENEWALS OF THE 
FRANCHISE, EACH SUCH RENEWAL TO BE FOR 
A PERIOD OF ONE (1) YEAR, UPON THE SAME 
TERMS AND CONDITIONS AS THE ORIGINAL ONE 
YEAR GRANT, EXCEPT AS OTHERWISE PROVIDED 
HEREIN. EACH ONE YEAR RENEWAL PERIOD 
SHALL TAKE EFFECT IMMEDIATELY UPON THE 
EXPIRATION OF THE ORIGINAL OR RENEWAL 
TERM THEN IN FORCE, WITHOUT ANY ACTION BE- 



ORDINANCES 385 

ING TAKEN ON BEHALF OF EITHER THE MAYOR 
AND CITY COUNCIL OF BALTIMORE OR THE GRAN- 
TEE, BUT THE TOTAL PERIOD OF TIME DURING 
WHICH THE FRANCHISE SHALL OPERATE, IN- 
CLUDING THE ORIGINAL TERM AND ALL RENEW- 
ALS THEREOF, SHALL NOT EXCEED, IN THE AG- 
GREGATE, TWENTY-FIVE (25) YEARS. 

PROVIDED, THAT THE MAYOR AND CITY COUN- 
CIL OF BALTIMORE, ACTING BY AND THROUGH 
THE BOARD OF ESTIMATES, MAY INCREASE OR 
DECREASE THE FRANCHISE CHARGE PAYABLE 
BY THE GRANTEE UNDER THE PROVISIONS HERE- 
OF, BY GIVING WRITTEN NOTICE TO THAT EFFECT 
TO THE GRANTEE AT LEAST ONE HUNDRED AND 
FIFTY (150) DAYS PRIOR TO THE EXPIRATION 
OF THE ORIGINAL ONE YEAR TERM GRANTED 
HEREIN, OR ANY YEARLY RENEWAL TERM HERE- 
IN GRANTED AND THEN IN EFFECT; ANY SUCH 
INCREASE OR DECREASE OF SAID FRANCHISE 
CHARGE TO BE OPERATIVE AS TO ALL YEARLY 
RENEWAL TERMS HEREIN GRANTED WHICH BE- 
COME EFFECTIVE AFTER ANY INCREASE OR DE- 
CREASE IN SAID FRANCHISE CHARGE HAS OC- 
CURRED. PROVIDED, FURTHER, THAT EITHER 
THE MAYOR AND CITY COUNCIL OF BALTIMORE, 
ACTING BY AND THROUGH THE DIRECTOR OF 
PUBLIC WORKS, OR THE GRANTEE MAY TERMI- 
NATE THE FRANCHISE GRANTED HEREIN, BY 
GIVING WRITTEN NOTICE TO THAT EFFECT TO 
THE OTHER, AT LEAST NINETY (90) DAYS PRIOR 
TO THE EXPIRATION OF THE ORIGINAL ONE YEAR 
TERM GRANTED HEREIN OR ANY ONE YEAR RE- 
NEWAL TERM HEREIN GRANTED AND THEN IN 
EFFECT. 

Sec. 4. And he it further ordained, That the franchise 
or right granted by this ordinance shall be executed and 
enjoyed within e ightoon SIX months after the grant. 

Sec. 5. And be it further ordained, That the said gran- 
tee, its successors and assigns, shall maintain the said 
four-story overhead connecting structure in good condition 



386 ORDINANCES Ord. No. 306 

throughout the full term of this grant, so long as said 
overhead connecting structure remains in and above said 
street. 

Sec. 6. And be it further ordained, That the said gran- 
tee, its successors and assigns, shall pay to the said Mayor 
and City Council of Baltimore, as compensation for the 
franchise or privilege hereby granted, the sum of $3,159.00 
per year, payable in advance during the continuance of 
this franchise or privilege, provided, however, that the 
Mayor and City Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the grantoo und e r the 
provision s h e r e of by giving writt e n notice to that effect to 
the grantoo at l e ast e»e hundred a»4 fifty (150) days prior 
te the expiration of the fi^^ five years of the term granted 
heroin, 0¥^ at ttie expiration of aay subsequent five 454- ¥^^^ 
period of said term granted herein^ aay sweh increase 0¥ 
decrease of said franchise charge to be effective as of the 
be ginning of the aext succeeding five 4^ yeai^ p e riod of 
the te¥m granted h e roin AS SET FORTH IN SECTION 3. 

Sec. 7. And be it further ordained, That non-compliance 
at any time or times with any of the terms or conditions 
of the grant hereby made shall, at the option of the Mayor 
and City Council of Baltimore, operate as a forfeiture of 
the same, which shall thereupon be and become void, and 
that nothing short of an ordinance of the Mayor and City 
Council of Baltimore shall operate as a waiver of any for- 
feiture of the grant hereby made. 

Sec. 8. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke the rights 
and privileges hereby granted at any time or times when, 
in his judgment, the public interest, welfare, safety, or 
convenience requires such revocation, and upon written 
notice to that effect from the Mayor of Baltimore City 
served upon the grantee, its successors or assigns, all such 
rights shall cease and determine. 

Sec. 9. And be it further ordained, That in the event 
of any revocation, forfeiture, or termination of the rights 



ORDINANCES 387 

and privileges by this ordinance granted, the said grantee, 
its successors and assigns, shall, at their expense, promptly 
remove said overhead connecting structure in a manner 
satisfactory to the Commissioner, Department of Housing 
and Community Development, without any compensation 
to the grantee, its successors and assigns. 

Sec. 10. And he it further ordained, That the said gran- 
tee, its successors and assigns, shall be liable for and shall 
indemnify and save harmless the Mayor and City Council 
of Baltimore from and against any and all suits, losses, 
costs, claims, damages, or expenses to which the said Mayor 
and City Council of Baltimore may, from time to time, 
be subjected on account of, by reason of, or in any way 
resulting from — 

A. the presence, construction, use, operation, mainte- 
nance, alteration, repair, location, relocation, or removal of 
said four-story overhead connecting structure; and 

B. Any failure on the part of said grantee, its succes- 
sors and assigns, to perform, promptly and properly, any 
of the duties or obligations imposed upon it or them by 
the terms and provisions of this ordinance. 

Sec. 11. And be it further ordained, That said Waverly 
Press, Inc., its successors or assigns, shall pay to the City 
within 30 days after written notice from the Director of 
Public Works of Baltimore City, of the amount due, the 
cost of relocating, strengthening, or encasing in concrete 
all subsurface structures belonging to the Mayor and City 
Council of Baltimore located in said street, in or adjacent 
to the space to be occupied by said overhead connecting 
structure, and shall also pay to the City, within 30 days 
after written notice from the said Director of Public 
Works of the amount due, the cost of relocating any sur- 
face structures belonging to the City made necessary by 
the construction of said overhead connecting structure, the 
judgment of the Director of Public Works as to the work 
necessary to safeguard said subsurface structures and as 
to the necessity of relocating any surface structures to be 
final. 



388 ORDINANCES Ord. No. 307 

Sec. 12. And he it further ordained, That this ordinance 
shall take effect thirty (30) days from iihQ date oi its 
passago JANUARY 1, 1982. 

Approved June 2, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 307 

(Council No. 311) 

AN ORDINANCE concerning 

SALE— CITY PROPERTY 

FOR the purpose of selling to the State of Maryland for 
One Dollar the fee simple title to the parcel of land 
located on the east side of Penn Street 178.94 feet north 
of the north side of Pratt Street and binding on the east 
side of Penn Street twenty feet, more or less, with an 
even depth easterly of 80.5 feet, more or less. 

BY authority of 

Article V — Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to convey to the State of 
Maryland, for One Dollar, the fee simple title to all lot 
of ground situate in Baltimore City, State of Maryland, 
and described as follows : 

BEGINNING for the same at the point formed by the 
intersection of the east side of Penn Street, as now laid 
out 55 feet wide, and the south side of the former bed 
of Lemmon Street, as condemned and closed in accord- 
ance with Ordinance No. 505, Approved April 26, 1965, 
said point of beginning being distant 178.94 feet northerly 
measured along the east side of said Penn Street from 
the north side of Pratt Street, as now laid out 66 feet 



ORDINANCES 389 

wide, and running thence binding on the east side of said 
Penn Street, Northerly 20 feet, more or less, to intersect 
the north side of the former bed of said Lemmon Street; 
thence binding on the north side of the former bed of 
said Lemmon Street, Easterly 60.5 feet, more or less, to 
the easternmost extremity of the former bed of said 
Lemmon Street; thence binding on the easternmost ex- 
tremity of the former bed of said Lemmon Street, 
Southerly 20 feet, more or less, to the south side of the 
former bed of said Lemmon Street, and thence binding 
on the south side of the former bed of said Lemmon 
Street, Westerly 80.5 feet, more or less, to the place of 
beginning. 

TOGETHER with the improvements thereon and the 
rights and appurtenances thereto belonging or in any\vise 
appertaining. 

The use of this property is no longer needed by the 
Mayor and City Council of Baltimore. 

Sec. 2. And he it further ordained, That no deed or deeds 
pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



390 ORDINANCES Ord. No. 308 

No. 308 
(Council No. 488) 

AN ORDINANCE concerning 

CITY STREET — OPENING CERTAIN STREETS AND 

ALLEYS OR PORTIONS THEREOF IN THE EAST 

AREA PARTNERSHIP URBx\N RENEWx\L ORLEANS 

SQUARE URBAN DEVELOPMENT ACTION 

GRANT PROJECT 

FOR the purpose of condemning and opening certain 
streets and alleys or portions thereof lying within the 
area of the East Area Partnership Urban Ronowal 
ORLEANS SQUARE URBAN DEVELOPMENT AC- 
TION GRANT Project in accordance with a plat thereof 
numbered 339-A-l, prepared by the Surveys and Records 
Division and filed in the Office of the Department of 
Public Works, on the Eighteenth (18th) day of Decem- 
ber, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and open certain streets and alleys or portions thereof 
lying within the area of the East Area Partnership Urban 
Ronowal ORLEANS SQUARE URBAN DEVELOPMENT 
ACTION GRANT Project the streets and alleys hereby 
directed to be condemned for said opening being described 
as follows: 

Sheet 1 of 1 includes certain streets and alleys within 
the area bounded by Orleans Street, Montford Avenue, 
Fayette Street and Patterson Park Avenue said streets 
and alleys are numbered from one to three on said sheet 
and described as follows : 



ORDINANCES 391 

1 — An alley, 4 feet wide, laid out 46 feet south of Orleans 
Street, 66 feet wide, and extending from Bradford Street, 
20 feet wide, Westerly 61 feet to a 14 foot alley laid out 
61 feet west of said Bradford Street and designated as 
Parcel No. 1. 

2 — An alley, 14 feet wide, laid out 61 feet west of Brad- 
ford Street, 20 feet wide, and extending from the northern- 
most extremity thereof. Southerly 13 feet, more or less, 
•to the line of the south outline of the property known as 
No. 237 N. Patterson Park Avenue, if projected easterly, 
and designated as Parcel No. 2. 

3 — Bradford Street, 20 feet wide, and extending from 
Orleans Street, 66 feet wide, Southerly 290 feet, more or 
less, to the line of the north side of a 10 foot alley laid 
out 75 feet north of Fayette Street, 70 feet wide, if pro- 
jected easterly and designated as Parcel No. 3. 

the said street and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 339-A-l which 
was filed in the Office of the Department of Public Works 
on the Eighteen (18th) day of December, in the year 
1980, and is now on file in said Office. 

Sec. 2. And be it further ordained, That the proceed- 
ings of said Department of Public Works, with reference 
to the condemnation and openings of said street and alleys 
and the proceedings and rights of all parties interested 
or affected thereby, shall be regulated by, and be in ac- 
cordance with, any and all applicable provisions of Article 
4 of the Code of Public Local Laws of Maryland and the 
Charter of Baltimore City (1964 Revision) as amended 
July 1, 1973 and any and all amendments thereto, and 
any and all other Acts of the General Assembly of Mary- 
land, and any and all ordinances of the Mayor and City 
Council of Baltimore, and any and all rules or regulations 
in effect which have been adopted by the Director of Public 
Works and filed with the Department of Legislative 
Reference. 



392 ORDINANCES Ord. No. 309 

Sec. 3. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 309 
(Council No. 489) 

AN ORDINANCE concerning 

CITY STREET — CLOSING CERTAIN STREETS AND 

ALLEYS OR PORTIONS THEREOF IN THE EAST 

AREA PARTNERSHIP URBAN RENEWAL ORLEANS 

SQUARE URBAN DEVELOPMENT ACTION 

GRANT PROJECT 

FOR the purpose of condemning and closing certain 
streets and alleys or portions thereof lying within the 
area of the East x4roa Partn e rship Urban Ronowal 
ORLEANS SQUARE URBAN DEVELOPMENT AC- 
TION GRANT Project in accordance with a plat thereof 
numbered 339-A-lA, prepared by the Surveys and Rec- 
ords Division and filed in the Office of the Department of 
Public Works, on the Eighteenth (18th) day of Decem- 
ber, 1980. 

BY authority of 

Article I — General Provisions 

Section 4 

Article II — General Provisions 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close certain streets and alleys or portions thereof 
lying within the area of the East Area Partnership Urban 
Ronowal ORLEANS SQUARE URBAN DEVELOPMENT 



ORDINANCES 393 

ACTION GRANT Project the streets and alleys hereby 
directed to be condemned for said closing being described 
as follows: 

Sheet 1 of 1 includes certain streets and alleys "within 
the area bounded by Orleans Street, Montford Avenue, 
Fayette Street and Patterson Park Avenue said streets 
and alleys are numbered from one to three on said sheet 
and described as follows : 

1 — An alley, 4 feet wide, laid out 46 feet south of Orleans 
Street, 66 feet wide, and extending from Bradford Street, 
20 feet wide, Westerly 61 feet to a 14 foot alley laid out 
61 feet west of said Bradford Street and designated as 
Parcel No. 1. 

2 — An alley, 14 feet wide, laid out 61 feet west of Brad- 
ford Street, 20 feet wide, and extending from the northern- 
most extremity thereof. Southerly 13 feet, more or less, 
to the line of the south outline of the property known as 
No. 237 N. Patterson Park Avenue, if projected easterly, 
and designated as Parcel No. 2. 

3 — Bradford Street, 20 feet wide, and extending from 
Orleans Street, 66 feet wide. Southerly 290 feet, more or 
less, to the line of the north side of a 10 foot alley laid 
out 75 feet north of Fayette Street, 70 feet wide, if pro- 
jected easterly and designated as Parcel No. 3. 

the said street and alleys as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 339-A-lA which 
was filed in the Office of the Department of Public Works 
on the Eighteenth (18th) day of December in the year 
1980, and is now on file in said Office. 

Sec. 2. And he it further ordained. That after said high- 
way or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, firm 



3M ORDINANCES Or>l. Now 309 

or corporation shall desire to remove, alter or interfere 
"dierewith.. such person, tirm or corporation shall first obuiin 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges 
of every kind and nature m^ade necessary by such removal. 
alteration or interference. 

Sec. 3. And be it further ordained. That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this Ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constracted or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And he it further ordained. That after said high- 
way or highways shall have been closed under the pro- 
visions of this Ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained. That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of in- 
flection, maintenance, repair, alteration, relocation and'or 
rqrfacenent, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owner or owners of said land. 



ORDINANXES 395 

Sec. 6. And he it further ord/iined, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said street and alleys and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable pro\'isions of Article 4 of the Code 
of Public Local Laws of ^Maiyland and the Chaiter of Balti- 
more City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Mainland, and any and 
all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

Sec. 7. And he it further ord/iined, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DOXALD SCHAEFER, 3/ai/or. 



Xo. 310 

(Council Xo. 547) 

AX ORDIXAXCE conceiming 

BUILDIXG CODE WAIVER— 

4XM^ ;v. PACA STREET 
500 WEST FAYETTE STREET 

FOR the puiTDOse of waiving a provision of the Building 
Code to peiTnit the construction and maintenance of an 
outdoor cafe approximatolv ^ le^ fe^ S feet SIXTY- 
OXE FEET TWO IXCHES BY EIGHT FEET EIGHT 
IXCHES in area on the gidowalk adjoining y^ Xorth 
Pa^a Street PACA STREET SIDE OF THE PREMISES 
KXOWX AS 500 WEST FAYETTE STREET. 



396 ORDINANCES urd. No. 311 

BY waiving 

Article 32 — Building Code 

Paragraphs 2135 & 2138 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Paragraphs 2135 & 2138 of Article 
32 of the Baltimore City Building Code be waived in order 
to permit the construction and maintenance of »» outdoor 

provomonts known a« iOO North Paca Street m the a4- 
joining sidewalk ar e a oji Paca Street. The sidewalk eafe 
shall fee approximat e ly m ^eet loftg MASONRY WALLS 
APPROXIMATELY 3 FEET TO 5 FEET IN HEIGHT 
EXTENDING NOT MORE THAN 8'8" FROM THE EAST 
WALL OF THE IMPROVEMENTS KNOWN AS 500 
WEST FAYETTE STREET INTO THE SIDEWALK 
ON THE PACA STREET SIDE OF THE PREMISES. 
THESE WALLS SHALL EXTEND FOR A DISTANCE 
OF 61'2" PARALLEL TO PACA STREET AND THE 
SURFACE OF THE ENCLOSED SIDEWALK AREA 
SHALL BE COVERED WITH BRICK PAVERS OR 
OTHER APPROVED MATERIAL. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect upon the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 311 
(Council No. 554) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of providing a supplementary motor ve- 
hicle fund appropriation in the amount of Five Million 



ORDINANCES 397 

Nine Hundred Ninety-Three Thousand Six Hundred 
Eighty-Nine Dollars ($5,993,689) to the Department of 
Public Works to be used for additional debt service 
which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1981 Ordinance of 
Estimates. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 

Whereas, the money appropriated herein represents rev- 
enue produced by State-shared Highway User Taxes in 
excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the fiscal year 1981 and is therefor 
available for appropriation to the Department of Public 
Works pursuant to the provisions of Article VI, Section 
2(h) (3) of the 1964 revised Charter of Baltimore City; 
and 

Whereas, the additional sum here appropriated is for 
a program included in the current Ordinance of Estimates 
and said sum is made necessary by a material change in 
circumstances since the formulation and adoption of such 
ordinance, in accordance with Article VI, Section 2(h) (3) 
of said Charter ; and 

Whereas, the supplementary motor vehicle fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 4th day of March, 1981, all in accordance with 
Article VI, Section 2(h) (3) of said Charter. 

Section 1. Be it ordained hy the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City as amended, the sum of Five Million Nine Hundred 
Ninety-Three Thousand Six Hundred Eighty-Nine ($5,- 
993,689) shall be made available to the Department of 
Public Works as a supplementary motor vehicle fund ap- 
propriation for the fiscal year ending June 30, 1981, for 
the purpose of additional debt service which could not 



398 ORDINANCES Ord. No. 312 

reasonably be anticipated at the time of formulation of the 
proposed fiscal 1981 Ordinance of Estimates. The amount 
thus made available as a supplementary motor vehicle fund 
appropriation shall be expended from revenue derived from 
State-shared Highway User Taxes in excess of the amount 
from this source which was estimated and relied upon by 
the Board of Estimates in determining the tax levy re- 
quired to balance the budget for the 1981 fiscal year; and 
said funds shall be the source of revenue for this supple- 
mentary motor vehicle fund appropriation, as required by 
Article VI, Section 2 of the Baltimore City Charter (1964 
Revision, as amended) . 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 312 
(Council No. 567) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF RECREATION AND PARKS 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Six Hundred Thou- 
sand Dollars ($600,000) to the Department of Recrea- 
tion and Parks to be used for additional operating ex- 
penses of Memorial Stadium and the municipal golf 
courses. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(1) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
revenue produced by charges to users of Memorial Stadium 



ORDINANCES 399 

and municipal golf courses in excess of the revenue esti- 
mated and relied upon by the Board of Estimates in de- 
termining the tax levy required to balance the budget for 
the 1981 fiscal year, and said money is therefore available 
for appropriation to the Department of Recreation and 
Parks pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision 
as amended) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
11th day of March, 1981, all in accordance with Article 
VI, Section 2(h) (1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(1) of the 1964 revision of the Charter of 
Baltimore City as amended, the sum of Six Hundred 
Thousand Dollars ($600,000) shall be made available to 
the Department of Recreation and Parks of the City of 
Baltimore as a supplementary general fund appropriation 
for the fiscal year ending June 30, 1981 for the purpose 
of additional expenses of the Memorial Stadium and the 
municipal golf courses. The amount thus made available 
as a supplementary general fund appropriation shall be 
expended from revenue derived from charges to users of 
Memorial Stadium and municipal golf courses in excess 
of the amount from this source which was estimated or 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1981 fiscal 
year; and said funds from said charges to users of Me- 
morial Stadium and municipal golf courses shall be the 
source of revenue for this supplementary general fund 
appropriation, as required by Article VI, Section 2(h) (1) 
of the Baltimore City Charter (1964 Revision as amended). 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



400 ORDINANCES Ord. No. 313 

No. 313 
(Council No. 583) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
MUSEUM OF ART 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Sixty-One Thousand 
Dollars ($61,000) to the Museum of Art to be used for 
additional operating expenses which could not reasonably 
be anticipated at the time of formulation of the proposed 
fiscal 1981 Ordinance of Estimates. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents rev- 
enue produced by the City share of State Racing Revenues 
in excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1981 fiscal 
year, and said money is therefore available for appropria- 
tion to the Museum of Art pursuant to the provisions of 
Article VI, Section 2(h) (3) of the Baltimore City Charter 
(1964 Revision as amended) ; and 

Whereas, the additional sum here appropriated is for 
a program included in the current principal Ordinance of 
Estimates and is made necessary by a material change in 
circumstances since the formulation and adoption of such 
Ordinance, in accordance with Article VI, Section 2(h) (3) 
of said Charter; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
1st day of April, 1981, all in accordance with Article VI, 
Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 



ORDINANCES 401 

Section 2 of the 1964 revision of the Charter of Baltimore 
City, the sum of Sixty-One Thousand Dollars ($61,000) 
shall be made available to the Museum of Art as a supple- 
mentary general fund appropriation for the fiscal year 
ending June 30, 1981, for the purpose of additional operat- 
ing expenses which could not reasonably be anticipated at 
the time of formulation of the proposed fiscal 1981 Ordi- 
nance of Estimates. The amount thus made available as a 
supplementary general fund appropriation shall be ex- 
pended from revenue derived from the City share of State 
Racing Revenues in excess of the amount from this source 
which was estimated or relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1981 fiscal year; and said funds from said 
City share of State Racing Revenues shall be the source 
of revenue for this supplementary general fund appropria- 
tion, as required by Article VI, Section 2 of the Baltimore 
City Charter (1964 Revision as amended). 

Sec. 2. And be it further ordained, That this ordinance 
shall take eflfect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 314 
(Council No. 620) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL 
OF BALTIMORE FOR THE BENEFIT OF 
GARAMOND/PRIDEMARK PRESS, INC. 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore, pursuant to and in ac- 
cordance with the Maryland Industrial Development Fi- 
nancing Authority Act, to borrow, as a limited obligation 
and not upon the faith and credit of Mayor and City 
Council of Baltimore, a sum of money not to exceed 
$1,300,000, and to lend the proceeds of such borrowing 
to Garamond/Pridemark Press, Inc., a Maryland cor- 



402 ORDINANCES Ord. No. 314 

poration, to be used for the purpose of paying a portion 
of the costs of acquiring a certain industrial project 
(within the meaning of such Act) consisting of (a) the 
acquisition of a tract of land containing approximately 
3.2 acres and the improvements thereon, located near 
Dukeland Street and Wilmarco Avenue, being Lot 3 in 
the Crossroads Industrial Center in Baltimore City, and 
(b) the construction on the land of a building containing 
approximately 42,990 square feet, which industrial proj- 
ect will be used by Garamond/Pridemark Press, Inc. in 
its business of high quality color printing; authorizing 
and empowering the Mayor and other appropriate offi- 
cials of the City (a) to accept, on behalf of the City, 
the letter of intent of Garamond/Pridemark Press, Inc., 
dated February 6, 1981, and (b) to execute any and all 
documents necessary to effectuate and to secure payment 
of the aforesaid borrowing, lending, and acquisition; 
conferring and imposing upon the Department of Hous- 
ing and Community Development certain powers and du- 
ties and providing that Garamond/Pridemark Press, Inc. 
shall agree to submit certain plans and specifications to, 
and coordinate with, the Department of Housing and 
Community Development in connection with the acquisi- 
tion of such industrial project; providing that such bor- 
rowing must be consummated within six months from the 
date this Ordinance is approved by the Mayor, unless 
an extension of such authorization is granted, as pro- 
vided in this Ordinance; making certain legislative find- 
ings; providing that the faith and credit of Mayor and 
City Council of Baltimore shall not be deemed to be 
pledged hereby; and generally providing for and deter- 
mining various matters and details in connection with 
such borrowing, relending, and acquisition. 

BY authority of 

MIDFA Act— Title 13, Sections 13-101 through 13-155, 
inclusive, of the Financial Institutions Article of the 
Annotated Code of Maryland (1980 Volume and 1980 
Supplement), as amended. 

RECITALS 

Whereas, Ordinance No. 1022, approved November 
24, 1975, was enacted transferring all the duties and 



ORDINANCES 403 

responsibilities of Baltimore City Economic Development 
Commission to the Department of Housing and Com- 
munity Development, thereby vesting in such Depart- 
ment certain powers and duties to be exercised in 
connection with aiding the industrial growth of Balti- 
more City; and 

Whereas, pursuant to Title 13, Sections 13-101 
through 13-155, inclusive, of the Financial Institutions 
Article of the Annotated Code of Maryland (1980 Vol- 
ume and 1980 Supplement), as amended (the "MIDFA 
Act"), Mayor and City Council of Baltimore (the 
"City"), a ^'public body" as defined in Section 13-101 (o) 
of the MIDFA Act, has received a letter of intent dated 
February 6, 1981 (the "Letter of Intent"), from Gara- 
mond/Pridemark Press, Inc., a Maryland corporation 
(the "Corporation") and an "industrial project appli- 
cant" as mentioned in Section 13-141 (c)(2) of the 
MIDFA Act, requesting the City to participate in the 
financing of the acquisition by the Corporation of a cer- 
tain industrial project (the "Industrial Project") to be 
located in Baltimore City, Maryland, and being more 
particularly described herein, by borrowing from a com- 
mercial bank or other lender which is a "mortgagee" 
within the meaning of the MIDFA Act (the "Lender") 
a sum of money not to exceed $1,300,000 (the "Loan") ; 
and 

Whereas, Section 13-140 of the MIDFA Act author- 
izes, among other things, a public body of the State of 
Maryland (the "State"), to borrow money without 
pledging its faith and credit in support of a loan made 
under the MIDFA Act and to execute a mortgage to 
secure the mortgage loan, for the purpose of defraying 
the cost of acquiring any industrial project approved by 
the Maryland Industrial Development Financing Author- 
ity ("MIDFA") ; and 

Whereas, Section 13-141 of the MIDFA Act provides 
that the funds to be borrowed by the public body shall 
be utilized in connection with a "bona fide industrial 
project" as evidenced by a letter of intent or similar 
agreement between the prospective industrial project 
applicant and the public body borrowing the money ; and 



404 ORDINANCES Ord. No. 314 

Whereas, Section 13-140 of the MIDFA Act provides 
that the public body of the State may borrow money 
to relend to an industrial project applicant under Section 
13-151, and Section 13-151 of the MIDFA Act provides 
that, at its option, the industrial project applicant may 
be the mortgagor instead of the public body and give a 
mortgage to the mortgagee (as defined in the MIDFA 
Act) directly or to the public body to be assigned to the 
mortgagee; and 

Whereas, at its February 26, 1981 meeting, MIDFA 
approved a mortgage loan for the Industrial Project and 
the insurance by MIDFA of a portion of the "mortgage 
payments" (as defined in the MIDFA Act) to be made 
with respect to the mortgage loan ; and 

Whereas, the City has determined, based upon the 
findings and determinations hereinafter set forth, that it 
is in the best interests of the citizens of Baltimore City 
that the City accept the Letter of Intent and participate 
in the financing of the Industrial Project. 

NOW, THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE 
MIDFA ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and determined as 
follows : 

(a)' the financing of the acquisition of the Industrial 
Project will fulfill and accomplish the declared purposes 
of the MIDFA Act, which are to further industrial expan- 
sion in the State and discourage the relocation of industry 
outside the State, to increase employment, and to pro- 
vide a larger taxable base for the economy of the State, 
resulting in new and expanded industrial enterprises to 
provide enlarged opportunities for gainful employment by 
the people of the State, and thus to insure the preserva- 
tion and betterment of the economy of the State; and, 
accordingly it is in the best interests of the citizens of 
Baltimore City that the City participate in the financing 
of the acquisition of the Industrial Project; 

(b)' the Industrial Project is an "industrial project," 
as defined in Section 13-101 (g) of the MIDFA Act, and, 



ORDINANCES 405 

as evidenced by the Letter of Intent, the funds to be bor- 
rowed by the City (to finance the acquisition (within the 
meaning of the Act) of the Industrial Project) will be 
utilized in connection with the acquisition (within the 
meaning of the MIDFA Act) of a ''bona fide industrial 
project," as mentioned in Section 13-141 (c)(2) of the 
MIDFA Act, for the use and benefit of the Corporation, a 
"prospective industrial project applicant," as mentioned 
in Section 13-141 (c) (2) of the MIDFA Act; and 

(c) MIDFA, at its February 26, 1981 meeting, ap- 
proved a mortgage loan for the Industrial Project and the 
insurance by MIDFA of a portion of the "mortgage pay- 
ments" (as defined in the MIDFA Act) to be made with 
respect to the mortgage loan ; and 

(d) the Corporation has exercised its option pursuant 
to Section 13-151 of the MIDFA Act to be a mortgagor 
(as defined in Section 13-101(1) of the MIDFA Act), and 
accordingly this Ordinance contemplates and authorizes a 
transaction in the form of a loan to the Corporation of 
proceeds of the Loan. 

Sec. 2. And be it further ordained, That the City is 
hereby fully authorized and empowered to borrow from the 
Lender a sum of money not to exceed $1,300,000 (the 
"Loan") for a term not to exceed twenty-five (25) years. 
The Loan will bear interest at an annual rate which is at 
all times equal to seventy per cent (70%) of the fluctuating 
commercial prime rate of interest in effect at the Lender 
from time to time (the "Tax-Exempt Rate") ; provided, 
however, that in the event it is at any time determined 
that the interest on the Loan is for any reason not exempt 
from federal income taxes, the rate of interest payable on 
the Loan shall be increased, retroactively and prospec- 
tively, to a rate of interest not to exceed the fluctuating 
commercial prime rate of interest in effect at the Lender 
from time to time plus two per cent (2%) per annum 
(the "Taxable Rate"). The interest rate payable on the 
Loan may be subject to adjustment or modification under 
certain circumstances and upon the terms and conditions 
set forth in the Loan Documents (hereinafter defined) ; 
however, in no event shall the interest rate payable on 
the Loan exceed the Taxable Rate. Interest shall be calcu- 



406 ORDINANCES Ord. No. 314 

lated on the basis of a 360-day year factor applied to 
actual days elapsed. Additional interest on the Loan, in 
the total amount of $26,000, will be payable during the 
period of acquisition of the Industrial Project. 

Sec. 3. And be it further ordained, That the City will 
cause the proceeds of the Loan to be used for the purpose 
of paying a portion of the costs of acquiring the Industrial 
Project, which Industrial Project will consist of (a) the 
acquisition of a tract of land containing approximately 3.2 
acres and the improvements thereon, located near Dukeland 
Street and Wilmarco Avenue, being Lot 3 in the Crossroads 
Industrial Center in Baltimore City (the "Land"), and 
(b) the construction on the Land of a building containing 
approximately 42,990 square feet (the "Building"). The 
Industrial Project will be used by the Corporation in its 
business of high quality color printing. 

Sec. 4. And be it further ordained, That the City will 
lend the proceeds of the Loan to the Corporation, which 
shall use the proceeds of the Loan for the sole purpose 
of paying a portion of the costs of acquiring the Industrial 
Project. 

Sec. 5. And be it further ordained, That, as described 
generally in the Letter of Intent and as contemplated by 
theMIDFA Act: 

(a) the Loan will be secured by a mortgage or deed 
of trust, or by an assignment of mortgage or deed of trust, 
covering the Industrial Project, but the City shall in no 
event pledge its faith and credit; and the Loan, and the 
interest thereon, will be repaid by the City solely from 
payments to be made by the Corporation to the City pur- 
suant to the Loan Documents (hereinafter defined) and 
from any other sources approved by the City, agreed to 
by the Corporation and the Lender, and permitted by the 
MIDFA Act; 

(b)' the Corporation will make payments under the 
Loan Documents sufficient to pay (i) the principal of and 
interest on the Loan, (ii) all taxes and payments in lieu 
of taxes, and (iii) any expenses incurred by the City in 



ORDINANCES 407 

connection with the administration of the Loan, all as the 
same become due and payable ; and 

(c) any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan will be paid by the 
Corporation. 

Sec. 6. And be it further ordained, That the City will 
not incur any liability, direct or indirect, or any cost, di- 
rect or indirect, in connection with the aforesaid borrow- 
ing or lending or the acquisition of the Industrial Project, 
and the Industrial Project will be acquired so as to con- 
form to the requirements of the Corporation; accordingly, 
the Corporation shall (a) select and work with the sup- 
pHers and contractors which will undertake the construc- 
tion of the Building and will negotiate and approve all 
contracts, construction plans and specifications, and financ- 
ing arrangements in connection with the acquisition of 
the Industrial Project, and (b) pay all necessary costs 
incurred by or on behalf of the City in connection with the 
aforesaid financing, including the administration thereof, 
and in connection with the acquisition of the Industrial 
Project, including (without limitation) all costs incurred 
in connection with the development of the appropriate 
legal documents necessary to effectuate the proposed financ- 
ing and acquisition, including (without limitation) the 
fees of legal counsel and compensation to any other person 
(other than full-time employees of the City) performing 
services by or on behalf of the City in connection with 
the transactions contemplated by this Ordinance, whether 
or not the proposed financing and acquisition are con- 
summated. 

Sec. 7. And be it further ordained, That in connection 
with the borrowing and the acquisition described in this 
Ordinance, the Mayor and other appropriate officials of 
the City of Baltimore are hereby authorized and empowered 
to: 

(a)* laccept the Letter of Intent in order to materially 
induce the Corporation to pursue the transactions described 
therein and to further evidence the present intent of the 
City to participate in the financing of the acquisition of the 
Industrial Project; and 



408 ORDINANCES Ord. No. 314 

(b) execute and to accept such other documents, instru- 
ments and certificates as are necessary or appropriate to 
evidence and secure the obligation of the Corporation to 
make payments to the City sufficient to pay the principal 
of and interest on the Loan and to consummate the Loan 
and the acquisition of the Industrial Project, including, 
but not limited to, any and all leases, loan agreements, 
financing agreements, mortgages, deeds of trust, notes, 
assignments, security agreements, consolidation agree- 
ments, and any and all necessary financing statements, 
the form and substance of all of which (other than fi- 
nancing statements and other customary closing certifi- 
cates and documents) shall be approved by the Board of 
Estimates of the City (the ''Board of Estimates") as 
hereinafter provided. All of such documents, instruments 
and certificates are herein sometimes collectively referred 
to as the "Loan Documents". 

Sec. 8. And be it further ordained, That, notwithstand- 
ing anything contained in this Ordinance or in any docu- 
ment authorized herein to be executed, or the execution 
and delivery of any document authorized herein, neither 
the faith and credit nor the taxing power of the City shall 
be deemed to be pledged hereby, and the City shall at no 
time be required to exercise its taxing power in order to 
implement the transactions authorized hereby. Nothing 
contained in this Ordinance shall be deemed or construed 
in any way to create or constitute a debt of the City 
within the meaning of any constitutional, statutory or 
other debt limitation provision, or to constitute any act 
or purpose other than that contemplated by the MIDFA 
Act. Neither the Loan to be made to the City by the Lender 
nor the interest thereon shall ever constitute an indebted- 
ness or a charge against the general credit or taxing 
powers of the City, within the meaning of any constitu- 
tional or charter provision or statutory limitation, and 
neither shall ever constitute or give rise to any pecuniary 
liability of the City. 

Sec. 9. And be it further ordained, That the terms and 
provisions and form and substance of any and all docu- 
ments and instruments to be executed or entered into by 
the City in connection with the transactions authorized by 



ORDINANCES 409 

this Ordinance, other than customary closing certificates 
and documents and financing statements, shall be approved 
by the Board of Estimates prior to the execution and de- 
livery thereof by the Mayor of the City. 

Sec. 10. And be it further ordained. That any and all 
necessaiy financing statements required for the consumma- 
tion of the transactions authorized by this Ordinance may 
be executed on behalf of the City by the Mayor of the 
City or by the Chief, Bureau of Treasury Management of 
the City or by such other appropriate official of the City 
as may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 11. And be it further ordained, That the Depart- 
ment of Housing and Community Development is hereby 
fully authorized and empowered, for the purpose of this 
Ordinance only: 

(a) To promote, make investigations, conduct pre- 
liminary negotiations, and do any and all other things 
necessary and proper to expedite the consummation of the 
transactions authorized by this Ordinance, all pursuant and 
subject to the provisions of the Charter of Baltimore City; 
and 

(b) After the transactions authorized by this Ordi- 
nance have been fully consummated, the Department of 
Housing and Community Development shall do any and all 
other things necessary, proper or expedient to assure the 
full performance by the Corporation of any and all of the 
terms and provisions in any and all agreements entered 
into between the City and the Corporation, all of which 
shall be subject to the provisions of the Charter of Balti- 
more City. 

Sec. 12. And be it further ordained, That the Corpora- 
tion shall agree, in the Loan Documents, that: 

(a) it will submit any plans and specifications for the 
construction of the Building to the Department of Housing 
and Community Development for approval ; 

(b) it understands that, in addition to the economic 
feasibility of the acquisition of the Industrial Project, the 



410 ORDINANCES Ord. No. 314 

Department of Housing and Community Development may 
consider, without limitation, the suitability of the site plan, 
architectural treatment, building plans, elevations, ma- 
terials, color, construction details, access, parking, loading, 
landscaping, identification signs, exterior lighting, refuse 
collection details, streets, sidewalks, and harmony between 
the plans and the surroundings of the proposed Industrial 
Project; and that the Department of Housing and Com- 
munity Development may refuse approval of any plans 
and specifications for aesthetic or functional reasons ; and' 

(c) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 13. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 14. And be it further ordained, That the borrowing 
authorized by this Ordinance must be consummated within 
six months from the date on which this Ordinance is ap- 
proved by the Mayor of the City; provided, however, that 
the Board of Estimates, after a showing of good cause at 
a public hearing held before the Board of Estimates prior 
to or after the expiration of such six month period, may 
extend the period during which the borrowing may be 
consummated for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board of Estimates, in its sole discretion 



ORDINANCES 411 

and without action by the City Council, shall determine 
the sufficiency, or lack thereof, of the reasons presented 
for any requested extension of the six month period. If 
an extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. To the 
extent that the borrowing is not consummated within 
twelve months from the date on which this Ordinance is 
approved by the Mayor of the City, the authority provided 
in this Ordinance for the City to borrow the Loan shall 
expire. 

Sec. 15. And be it further ordained, That this Ordinance 
is passed as official action by the City for the purpose of 
materially inducing the Corporation to pursue the transac- 
tion described in the Letter of Intent, and the Letter of 
Intent is to be accepted as further evidence of such official 
action. 

Sec. 16. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 3, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 315 

(Council No. 555) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of One Hundred Thou- 
sand Dollars ($100,000) to the Department of Public 
Works to be used for pruning or removing trees located 
in the rights-of-way of City highways and streets. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision, as amended) 



412 ORDINANCES Ord. No. 315 

Whereas, the money appropriated herein represents rev- 
enue produced by charges to users of Memorial Stadium 
in excess of the amount estimated and relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1981 fiscal year, and said 
money is therefore available for appropriation to the De- 
partment of Public Works pursuant to the provisions of 
Article VI, Section 2(h) (3) of the Baltimore City Charter 
(1964 Revision, as amended) ; and 

Whereas, the additional sum here appropriated is for a 
program included in the current principal Ordinance of 
Estim.ates and is made necessary by a material change in 
circumstances since the formulation and adoption of such 
ordinance, in accordance with Article VI, Section 2(h) (3) 
of said Charter ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
4th day of March, 1981, all in accordance with Article VI, 
Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(3) of the 1964 revision of the Charter of 
Baltimore City, as amended, the sum of One Hundred 
Thousand Dollars ($100,000) shall be made available to 
the Department of Public Works as a supplementary gen- 
eral fund appropriation for the fiscal year ending June 30, 
1981 for the purpose of pruning or removing trees located 
in the rights-of-way of City highways and streets. The 
amount thus made available as a supplementary general 
fund appropriation shall be expended from revenue de- 
rived from charges to users of Memorial Stadium in excess 
of the amount from this source which was estimated or 
relied upon in determining the tax levy required to balance 
the budget for the 1981 fiscal year; and said funds from said 
charges to users of Memorial Stadium shall be the source 
of revenue for this supplementary general fund appropria- 
tion, as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended). 



ORDINANCES 413 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 316 
(Council No. 576) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(BROWN'S ARCADE JOINT VENTURE PROJECT) 

FOR the pui-pose of authorizing and empowering Mayor 
and City Council of Baltimore (the ''City") to issue 
and sell, at any time or from time to time and in one 
or more series, as limited obligations of the City and 
not upon its full faith and credit, its industrial develop- 
ment revenue bonds, in the aggregate principal amount 
not to exceed $2,000,000, pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended, for the sole 
and exclusive purpose of financing the costs of the com- 
pletion by Brown's Arcade Joint Venture, a Maryland 
general partnership (the ''Borrower"), of a certain 
project in Baltimore City consisting of the acquisition 
by the Borrower of certain real property located at 312, 
314 and 316 North Charles Street and at 16 West Sara- 
toga Street in Baltimore City, and the renovation, re- 
habilitation and reconstruction by the Borrower of cer- 
tain improvements thereon, which improvements shall 
be leased to various tenants, and used by such tenants 
as business offices, retail stores and parking facilities; 
authorizing the Mayor of the City, on behalf of the 
City, to accept the letter of intent dated February 11, 
1981 from the Borrower to the Cit>^; making cei^tain 
legislative findings; authorizing and empowering the 
Board of Finance of the City, by a resolution or reso- 
lutions adopted prior to the issuance, sale and delivery 



414 ORDINANCES Ord. No. 316 

of any series of such bonds, to (a) prescribe, among 
other things but not limited to, the form, terms, pro- 
visions, manner or method of issuing and selling (in- 
cluding negotiated as well as competitive bid sale), and 
the time or times of issuance, and any and all other 
details of such bonds, and (b) do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of such bonds ; providing that the Bor- 
rower shall agree to submit any plans and specifications 
to, 'and to coordinate with, the Department of Housing 
and Community Development in connection with the 
completion of such project; providing that such bonds 
must be issued and sold within six months from the 
date this Ordinance is approved by the Mayor, unless 
the Board of Finance approves one six month extension 
as provided in this Ordinance; and generally providing 
for and determining various matters and details in 
connection with the issuance and sale of such bonds. 



RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "Enabling 
Law'*), empowers Mayor and City Council of Baltimore 
(the "City") to borrow money to finance undertakings 
for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or crt;her obligations (including re- 
funding bonds, notes or other obligations) , all of which 
shall be fully negotiable, payable, as to tK)th principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise ac- 
quired with the proceeds of such bonds, notes or other 
obhgations, (III) the contracts, mortgages or other 
securities purchased or otherwise acquired with the pro- 
ceeds of such bonds, notes or other obligations, or (IV) 
any combination of (I), (II) or (III). The purposes, 



ORDINANCES 415 

objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of unem- 
ployment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safety of the resi- 
dents of Baltimore City. 

The City has received a letter of intent dated Febru- 
ary 11, 1981 (the 'Tetter of Intent'^ from Brown's 
Arcade Joint Venture, a Maryland general partnership 
(the "Borrower"), pursuant to which the Borrower has 
requested the City to participate in the financing of the 
costs of the completion by the Borrower of a certain 
project in Baltimore City, Maryland (the "Project"), 
by issuing and selling the City's industrial development 
revenue bonds in the aggregate principal amount not to 
exceed $2,000,000 (the "Bonds"), and by making the 
proceeds of the Bonds available to the Borrower to be 
used by the Borrower for the sole and exclusive purpose 
of financing the costs of the completion of the Project 
by the Borrower. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist generally 
of (a) the acquisition of certain real property located 
at 312, 314 and 316 North Charles Street and at 16 
West Saratoga Street in Baltimore City and (b) the 
renovation, rehabilitation and reconstruction of the im- 
provements located thereon. Upon completion, the Proj- 
ect will be leased by the Borrower to various tenants 
whose identities are unknown at this time and used by 
such tenants as business offices, retail stores and park- 
ing facilities. 

The Enabling Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
*'Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of the Bonds and the issuance and 



416 ORDINANCES Ord. No. 316 

sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) creat- 
ing new job opportunities, thus relieving conditions of 
unemployment in Baltimore City and (b) promoting eco- 
nomic development and a balanced economy in Baltimore 
City. 

(3) Any and all of the Bonds shall not be general obli- 
gations of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City, and 
shall not constitute a debt of the City, all within the mean- 
ing of Section 7 of Article XI of the Constitution of Mary- 
land or within the meaning of any other constitutional, stat- 
utory or charter provision limiting or restricting the sale 
or issuance of bonds, notes or other obligations of the City. 
All of the Bonds shall be limited obligations of the City, 
and shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with the 
Project, (II) the revenues from or arising in connection 
with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the 
Bonds, (III) the contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of the 
Bonds, or (IV) any combination of (I), (II) or (III), all 



ORDINANCES 417 

as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of 
the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited oblig^ations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $2,000,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion 
of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 

(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such pro- 



418 ORDINANCES Ord. No. 316 

visions in smy such trust agreement or similar agreement 
as the Board may deem reasonable and proper for the 
security of the holders of the Bonds; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), un- 
der which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the completion 
of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And he it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse ap- 



ORDINANCES 419 

proval of any plans and specifications for aesthetic or func- 
tional reasons; and 

(b) it and its developers will work \\dth the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve hig-h 
quality site, building, and landscape design. 

Sec. 7. And he it further ordained, That any and all of 
the Bonds shall be executed in the name of the City and on 
its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be 
impressed or otherv\dse reproduced thereon and attested by 
the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessaiy to effectuate the issuance, sale and 
deliver^^ of the Bonds shall be executed in the nam.e of the 
City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of the 
City or a facsimile thereof shall be impressed or othen\nse 
reproduced thereon and attested by the Custodian of the 
City Seal by his manual signature. In case any officer whose 
signature or a facsimile of whose signature shall appear 
on the Bonds or any of the aforesaid documents shall cease 
to be such officer before the delivery of the Bonds or any 
of the other aforesaid documents, such signature or such 
facsimile shall nevertheless be valid and sufficient for all 
purposes, the same as if such officer had remained in office 
until delivery. The Mayor of the City, the Director of 
Finance of the City, the Custodian of the City Seal and 
other officials of the City are hereby authorized and em- 
powered to do all such acts and things and execute such 
documents and certificates as the Board may determine by 
resolution to be necessary to carry out and comply with 
the provisions hereof. 

Sec. 8. And he it further ordained, That any and all 
necessaiy financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of the 
City or by the Chief, Bureau of Treasury Management of 
the City or by such other appropriate official of the City 



420 ORDINANCES Ord. No. 316 

as may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 9. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 
the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the legis- 
lative intent that this Ordinance would have been passed 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included herein, 
and if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 10. And he it further ordained, That the Bonds 
must be issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six month period, 
may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board, in its sole discretion, and without 
action by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six month period. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. If the Bonds are not 
issued and sold within twelve months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authority provided in this Ordinance for the City 
to issue and sell the Bonds shall expire. 

Sec. 11. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 421 

No. 317 
(Council No. 595) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
COMMUNITY COLLEGE OF BALTIMORE 

FOR the purpose of providing a supplementary general 
fund appropriation in the amount of Six Hundred Eight 
Thousand Five Hundred Dollars ($608,500) to the Com- 
munity College of Baltimore to be used for additional 
operating expenses. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(1) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
revenue produced by Community College Tuition Charges 
in excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the 1981 fiscal year and is there- 
fore available for appropriation to the Community College 
of Baltimore pursuant to the provisions of Article VI, 
Section 2(h) (1) of the Baltimore City Charter (1964 Re- 
vision as amended) ; and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
25th day of March, 1981, all in accordance with Article VI, 
Section 2(h) (1) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(1) of the 1964 revision of the Charter of 
Baltimore City as amended, the sum of Six Hundred Eight 
Thousand Five Hundred Dollars ($608,500) shall be made 
available to the Community College of Baltimore as a sup- 
plementary general fund appropriation for the fiscal year 
ending June 30, 1981 for the purpose of additional operat- 
ing expenses. The amount thus made available as a sup- 



422 ORDINANCES Ord. No. 318 

plementary general fund appropriation shall be expended 
from revenue derived from Community College Tuition 
Charges in excess of the amount from this source which 
was estimated and relied upon by the Board of Estimates 
in determining the tax levy required to balance the budget 
for the 1981 fiscal year; and said funds from said Com- 
munity College Tuition Charges shall be the source of 
revenue for this supplementary general fund appropriation, 
as required by Article VI, Section 2(h)(1) of the 1964 
revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 318 
(Council No. 634) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 
BONDS— GAP CORPORATION 

FOR the purpose of extending from six months to twenty- 
four months the authorization for the City to issue and 
sell the Industrial Development Revenue Bonds (GAF 
Corporation Project) . 

BY repealing and reenacting, with amendments. 
Ordinance No. 5 of the Mayor and City Council of 
Baltimore, approved February 14, 1980 
Section 10 

RECITALS 

Ordinance No. 5 of the Mayor and City Council of 
Baltimore (the *'City"), approved by the Mayor on 
February 14, 1980 (the "Ordinance") authorizes the is- 
suance from time to time by the City of its Industrial 



ORDINANCES 423 

Development Revenue Bonds (GAF Corporation Proj- 
ect) (the ''Bonds") pursuant to the provisions of Sec- 
tions 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume, 
1980 Cumulative Supplement) (the ''Enabling Legisla- 
tion"). The Ordinance provides that the proceeds from 
the sale of the Bonds will be loaned to GAF Corpora- 
tion, a Delaware corporation (the "Company"), in order 
to finance the acquisition of certain industrial facilities 
in the City as described therein (the "Facilities"). 

The City has been advised that the Company, acting 
in reliance upon the Ordinance and in anticipation of 
the consummation of the financing authorized therein, 
has begun acquisition and construction of certain por- 
tions of the Facilities and has expended and committed 
substantial sums of money in that endeavor. The City is 
further advised, however, that economic and financial 
considerations, including the uncertain and generally 
unfavorable conditions that have prevailed in the na- 
tional bond market since the adoption of the Ordinance, 
have made it impractical for the Company to request 
that the City issue and sell the bonds within the time 
limits contemplated by Section 10 of the Ordinance. 

The Company has informed the City that, should the 
authorization to issue the Bonds be extended, the Com- 
pany intends to proceed with completion of the acquisi- 
tion of the Facilities and with the financing of such 
acquisition through the loan of the proceeds of the Bonds 
as authorized by the Ordinance. The City accordingly 
finds that, in order to accomplish the public purposes of 
the Enabling Legislation and the Ordinance, it is in the 
best interests of the citizens of the City to extend from 
six months to t^venty-four months the authorization to 
issue the Bonds pursuant to the Ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That section (s) of Ordinance No. 5 of the 
Mayor and City Council of Baltimore, approved February 
14, 1980, be repealed, amended, or enacted to read as 
follows : 

Sec. 10. And he it further ordained, that if the Bonds 
are not issued and sold within [six] ttventy-four months 



424 ORDINANCES Ord. No. 319 

from the date on which this ordinance is approved by the 
Mayor or Acting Mayor of the City, the authorization pro- 
vided in this ordinance for the City to issue and sell the 
Bonds shall expire; provided however, that the Board of 
Finance of the City may, after a showing of good cause at 
a public hearing held before the Board of Finance, extend 
such authorization for one additional term not to exceed 
six months. The Board of Finance, in its sole discretion, 
shall determine the sufficiency, or lack thereof, of the rea- 
sons presented for any requested extension of this ordi- 
nance. If an extension is granted, notice of such extension 
and the reasons therefor shall be sent to the City Council. 

Sec. 2. A72d he it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 319 
(Council No. 636) 

AN ORDINANCE concerning 

MIDFA LOAN TO MAYOR AND CITY COUNCIL OF 

BALTIMORE FOR THE BENEFIT OF 
P. FLANIGAN AND SONS, mO. INCORPORATED 

FOR the purpose of authorizing the Mayor and City Coun- 
cil of Baltimore to borrow, as a limited obligation and 
not upon the faith and credit of Mayor and City Council 
of Baltimore, in accordance with the Maryland Indus- 
trial Development Financing Authority Act, a sum of 
money not to exceed $800,000.00, to lend the proceeds of 
such borrowing to P. Flanigan and Sons, feer INCORPO- 
RATED, a Maryland corporation, to be used for the pur- 
pose of paying a portion of the costs of acquiring a cer- 
tain industrial project (within the meaning of such Act) 
consisting of (a) site preparation and the renovation of 
certain improvements located at 2120 Annapolis Road, 



ORDINANCES 425 

Baltimore, Maryland, and (b) the purchase and installa- 
tion of certain machinery and equipment therein, all for 
the use by P. Flanigan and Sons, fe^. INCORPORATED, 
in its business as an asphalt manufacturer; authorizing 
the Mayor and other appropriate officials of the City to 
(a) accept, on behalf of the City, the letter of intent of P. 
Flanigan and Sons, feer INCORPORATED, dated April 
13, 1981, and (b) execute any and all documents neces- 
sary to effectuate and to secure payment of the aforesaid 
borrowing, lending, and acquisition; to provide that the 
faith and credit of Mayor and City Council of Baltimore 
shall not be deemed to be pledged hereby; conferring 
and imposing upon the Department of Housing and Com- 
munity Development certain powers and duties and pro- 
viding that P. Flanigan and Sons, fe^ INCORPORATED 
shall agree to submit certain plans and specifications to 
and coordinate with, the Department of Housing and 
Community Development in connection with the acquisi- 
tion of such industrial project; providing that such bor- 
rowing must be consummated within six (6) months 
from the date of this Ordinance is approved by the 
Mayor, unless an extension of such authorization is 
granted as provided in this Ordinance; and generally 
providing for and determining various matters and 
details in connection with such borrowing and acquisition. 

BY authority of 

MIDFA Act— Title 13, Sections 13-101 through 13-155, 
inclusive, of the Financial Institutions Article of the 
Annotated Code of Maryland (1980 Volume and 1980 
Supplement) as amended. 

RECITALS 

Whereas, Ordinance No. 1022, approved November 24, 
1975, was enacted transferring all the duties and respon- 
sibilities of Baltimore City Economic Development Com- 
mission to the Department of Housing and Community 
Development thereby vesting in such Department certain 
powers and duties to be exercised in connection with aid- 
ing the industrial gro^vth of Baltimore City; and 

Whereas, pursuant to Title 13, Sections 13-101 through 
13-155, inclusive, of the Financial Institutions Article of 
the Annotated Code of Maryland (1980 Volume and 1980 



426 ORDINANCES Ord. No. 319 

Supplement) as amended (the "MIDFA Act"), Mayor 
and City Council of Baltimore (the **City") a ''public 
body" as defined in Section 18-101(0) of the MIDFA Act, 
has received a letter of intent dated April 13, 1981 (the 
"Letter of Intent") from P. Flanigan and Sons, fe^ IN- 
CORPORATED, a Maryland corporation (the ''Company") 
and an "industrial project applicant", as mentioned in Sec- 
tion 13-141 (c) (2) of the MIDFA Act requesting the City to 
participate in the financing of the acquisition of a certain 
industrial project (the "Industrial Project") to be located 
in Baltimore City, Maryland, and being more particularly 
described herein, by borrowing from Union Trust Com- 
pany of Maryland (the "Bank"), a sum of money not to 
exceed $800,000.00 (the "Loan") a "mortgagee" within the 
meaning of the MIDFA Act; and 

Whereas, Section 13-140 of the MIDFA Act provides, 
among other things, that a public body of the State of 
Maryland, notwithstanding the provisions of any charter 
and without in any event pledging its faith and credit, 
is fully enabled and empowered to borrow money and to 
execute a mortgage to secure a mortgage loan, for the 
purpose of defraying the cost of acquiring any industrial 
project approved by the Maryland Industrial Development 
Financing Authority ("MIDFA") ; and 

Whereas, Section 13-141 of the MIDFA Act provides 
that the funds to be borrowed by the public body shall be 
utilized in connection with a "bona fide industrial project", 
as evidenced by a letter of intent or similar agreement 
between the prospective industrial project applicant and 
the public body borrowing the money ; and 

Whereas, Section 13-140 of the MIDFA Act provides 
that the public body may borrow money to relend to an 
industrial project applicant under Section 13-151, and 
Section 13-151 of the MIDFA Act provides that, at its 
option, the industrial project applicant may be the mort- 
gagor instead of the public body and give a mortgage to 
the mortgagee (as defined in the MIDFA Act) directly or 
to the public body to be assigned to the mortgagee; and 

Whereas, MIDFA has received an application from P. 
Flanigan and Sons, I»€t INCORPORATED, for approval of 



ORDINANCES 427 

the Loan and insurance by MIDFA of a portion of the 
"mortgage payments" (as defined in the MIDFA Act) to 
be made with respect to the Loan, and MIDFA will consider 
the approval of the application at its meeting on May 28, 
1981 ; and 

Whereas, the City has determined, based upon the find- 
ings and deteiTtiinations hereinafter set forth, that it is 
in the best interests of the citizens of Baltimore City, that 
the City accept the Letter of Intent and participate in the 
financing of the Industrial Project. 

NOW THEREFORE, PURSUANT TO AND IN AC- 
CORDANCE WITH THE PROVISIONS OF THE MIDFA 
ACT: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and detennined as 
follows : 

(a) the financing of the acquisition of the Industrial 
Project will fulfill and accomplish the declared purpose 
of the MIDFA Act, which are to promote the expansion 
and diversification of industry, to avoid the relocation of 
industry from the State of Maryland, to increase employ- 
ment, and to provide a large taxable base for the economy 
of the State of Marj^land, resulting in new and expanded 
industrial enterprises to provide enlarged opportunities for 
gainful employment by the people of Maryland, and thus 
to insure the preservation and betterment of the economy 
of the State of Maryland, and accordingly, it is in the 
best interests of the citizens of Baltimore City, that the 
City participate in the financing of the acquisition of the 
Industrial Project; and 

(b) as evidenced by the Letter of Intent, the Industrial 
Project is an ''industrial project" as defined in Section 
13-101 of the MIDFA Act, and as evidenced by the Letter 
of Intent, the funds to be borrowed by the City to finance 
the acquisition of the Industrial Project will be utilized 
in connection with the acquisition of a "bona fide industrial 
project" as mentioned in Section 13-141 (c)(2) of the 
MIDFA Act, for the use and benefit of the Company, a 
"prospective industrial project applicant" as mentioned 
in Section 13-141 (c) (2) of the MIDFA Act; and 



428 ORDINANCES Ord. No. 319 

(c) MIDFA, at its meeting to be held on May 28, 1981, 
will consider approval of a mortgage loan for the Indus- 
trial Project and the insurance by MIDFA of a portion of 
the ''mortgage payments" (as defined in the MIDFA Act) 
to be made with respect to the mortgage loan ; and 

(d) the Company has exercised its option pursuant to 
Section 13-151 of the MIDFA Act to be a mortgagor (as 
defined in Section 13-101(1) of the MIDFA Act) and 
accordingly this Ordinance contemplates and authorizes a 
transaction in the form of a loan to the Company of the 
proceeds of the Loan. 

Sec. 2. And be it further ordained, That the City be and 
it is hereby fully authorized and empowered to borrow 
from the Bank, a sum of m.oney not to exceed $800,000.00 
(the "Loan") for a term not to exceed ten (10) years at 
the annual rate of interest which shall not exceed eighty 
percent (80%) of the fluctuating commercial prime rate 
of interest in effect at the Bank from time to time, adjusted 
as of the first day of each month during the teiTa of the 
Loan, except in the event that it is at any time determined 
that such interest is for any reason not exempt from fed- 
eral income taxes. If at any time it is determined that 
such interest is not exempt from federal income taxes, 
the rate of interest payable on the Loan shall be increased 
to an annual rate not to exceed the fluctuating commercial 
prime rate of interest in effect at the Bank from time to 
time plus two percent (2%) per annum. Interest shall be 
calculated on the basis of a 360-day year factor applied 
to actual days elapsed. The commercial prime rate of in- 
terest of the Bank is that rate of interest charged by the 
Bank to the Bank's largest and most creditworthy bor- 
rowers on unsecured loans having a term of ninety (90) 
days. 

Sec. 3. And he it further ordained, That the City cause 
the proceeds of the Loan to be used for the purpose of 
paying a portion of the costs of (a) site preparation and 
the renovation of certain improvements on the real prop- 
erty located at 2120 Annapolis Road, Baltimore, Maryland 
(the ''Improvements") and (b) the purchase and installa- 
tion of certain asphalt manufacturing equipment (the 
"Equipment"), all for use by the Company in connection 



ORDINANCES 429 

with its business operations as an asphalt manufacturer 
(the Improvements and the Equipment being hereinafter 
sometimes collectively referred to as the ''Industrial 
Project''). 

Sec. 4. And be it further- ordained, That the City lend 
the proceeds of the Loan to the Company which shall use 
the proceeds of the Loan for the sole purpose of paying 
a portion of the costs of acquiring the Industrial Project. 

Sec. 5. And be it further ordained, That, as described 
generally in the Letter of Intent and as contemplated by the 
MIDFA Act: 

(a) The Loan will be secured by a mortgage or deed 
of trust or by an assignment of a mortgage or deed of 
trust, covering the Industrial Project, but the City shall 
in no event pledge its faith and credit, and the Loan, and 
the interest thereon, will be repaid by the City solely from 
payments to be made by the Company to the City pursuant 
to the Loan Documents (hereinafter defined) and from 
any other moneys made available to the City for such 
purpose and permitted by the MIDFA Act ; 

(b) the Company will make payments under the Loan 
Documents sufficient to pay (i) the principal of and inter- 
est on the Loan, (ii) all taxes and pajonents in lieu of 
taxes and (iii) any expenses incurred by the City in con- 
nection with the administration of the Loan, all as the 
same become due and payable ; and 

(c) any costs of acquiring the Industrial Project in 
excess of the proceeds of the Loan will be paid by the 
Company. 

Sec. 6. And be it further ordained, That the City will 
not incur any liability, direct or indirect, or any cost, 
direct or indirect, in connection with the aforesaid borrow- 
ing, lending or the acquisition of the Industrial Project, 
and the Industrial Project will be acquired so as to con- 
form to the requirements of the Company; accordingly, 
the Company shall (i) select and work \\ith the suppliers 
and contractors which will construct the Improvements, 
and will negotiate and approve all contracts, construction 



430 ORDINANCES Ord. No. 319 

plans, specifications, and all financing arrangements in 
connection with the acquisition of the Industrial Project, 
and (ii) pay all necessary costs incurred by or on behalf 
of the City in connection with the aforesaid financing, 
including the administration thereof, and in connection 
with the acquisition of the Industrial Project, including 
(without limitation) all costs incurred in connection with 
the development of the appropriate legal documents neces- 
sary to effectuate the proposed financing and acquisition, 
including (without limitation) the fees of legal counsel, 
and compensation to any other person performing services 
by or on behalf of the City in connection with the trans- 
actions contemplated by this Ordinance, whether or not 
the proposed financing and acquisition are consummated. 

Sec. 7. And be it further ordained, That in connection 
with the borrowing, lending and the acquisition described 
in this Ordinance, the Mayor and other appropriate officials 
of the City of Baltimore are hereby authorized and em- 
powered: 

(i) to accept the Letter of Intent in order to materially 
induce the Company to pursue the transactions described 
herein and to further evidence the present intent of the 
City to participate in the financing of the acquisition of 
the Industrial Project; 

(ii) to execute and to accept such other documents, 
instruments and certificates as are necessary or appro- 
priate to evidence and secure the obligation of the Com- 
pany to make payments to the City sufficient to pay the 
principal of and interest on the Loan and to consummate 
the Loan and the acquisition of the Industrial Project, 
including, but not limited to, any and all leases, loan agree- 
ments, mortgages, deeds of trust, notes, assignments, se- 
curity agreements, consolidation agreements and any and 
all necessary financing statements, the form and substance 
of all of which shall be approved by the Board of Esti- 
mates of the City (the **Board of Estimates") as herein- 
after provided (all of such documents, instruments and 
certificates are herein collectively referred to as the **Loan 
Documents") . 

Sec. 8. And be it further ordained, That, notwithstanding 
anjrthing contained in this Ordinance or in any document 



ORDINANCES 431 

authorized herein to be executed, or the execution and de- 
livery of any document authorized herein, neither the faith 
and credit nor the taxing power of the City shall be 
deemed to be pledged hereby, and the City shall at no 
time be required to exercise its taxing power in order to 
implement the transactions authorized hereby. Nothing 
contained in this Ordinance shall be deemed or construed 
in any way to create or constitute a debt of the City within 
the meaning of any constitutional, statutory or other debt 
limitation provision, or to constitute any act or purpose 
other than that contemplated by the MIDFA Act. Neither 
the Loan to be made to the City by the Bank nor the in- 
terest thereon shall ever constitute an indebtedness or a 
charge against the general credit or taxing powers of the 
City, within the meaning of any constitutional or charter 
provisions or statutory limitation, and neither shall ever 
constitute or give rise to any pecuniary liability of the City. 

Sec. 9. And he it further ordained, That the terms and 
provisions and form and substance of any and all docu- 
ments and instruments to be executed or entered into by 
the City in connection with the transactions authorized by 
this Ordinance, other than customary closing certificates 
and documents, shall be approved by the Board of Estimates 
prior to the execution and delivery thereof by the Mayor 
of the City. 

Sec. 10. And be it further ordained, That the Department 
of Housing and Community Development is hereby fully 
authorized and empowered for the purpose of this Ordi- 
nance only: 

(a) To promote, make investigations, conduct prelim- 
inary negotiations, and do any and all other things neces- 
sary and proper to expedite the consummation of the trans- 
actions authorized by this Ordinance, all pursuant and 
subject to the provisions of the Charter of Baltimore City ; 
and 

(b) After the transactions authorized by this Ordinance 
have been fully consummated, the Department of Housing 
and Community Development shall do any and all other 
things necessary, proper or expedient to assure the full 
performance by the Company of any and all of the terms 



432 ORDINANCES Ord. No. 319 

and provisions in any and all agreements entered into by 
the City and the Company, all of which shall be subject 
to the provisions of the Charter of Baltimore City. 

Sec. 11. And be it further ordained, That the Company 
shall agree, in the Loan Documents, that: 

(a) It will submit any plans and specifications for the 
Rehabilitation to the Department of Housing and Com- 
munity Development for approval. 

(b) It understands that, in addition to the economic 
feasibility of the acquisition of the Industrial Project, the 
Department of Housing and Community Development may 
consider, without limitation, the suitability of the site 
plan, architectural treatment, building plans, elevations, 
materials, color, construction details, access, parking, load- 
ing, landscaping, identification signs, exterior lighting, 
refuse collection details, streets, sidewalks, and harmony 
between the plans and the surroundings of the proposed 
Industrial Project; and that the Department of Housing 
and Community Development may refuse approval of any 
plans and specifications for aesthetic or functional reasons. 

(c) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 12. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the re- 
maining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence, 
clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 



ORDINANCES 433 

Sec. 13. And be it further ordained, That the borrowing 
authorized by this Ordinance must be consummated within 
six months from the date on which this Ordinance is ap- 
proved by the Mayor of the City; provided, however, that 
the Board of Estimates, after a showing of good cause 
at the public hearing held before the Board of Estimates 
prior to or after the expiration of such six month period, 
may extend the period during which the borrowing may 
be consummated for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board of Estimates, in its sole discretion and 
without action by the City Council, shall determine the 
sufficiency, or lack thereof, of the reasons presented for 
any requested extension of the six month period. If an 
extension is granted, notice of such extension and the 
reasons therefor must be sent to the City Council. To the 
extent that the borrowing is not consummated within twelve 
months from the date on which this Ordinance is approved 
by the Mayor of the City, the authority provided in this 
Ordinance for the City to borrow the Loan shall expire. 

Sec. 14. And be it further ordained, That this Ordinance 
is passed, and the Letter of Intent is to be accepted, as 
official action by the City for the purpose of materially 
inducing the Company to pursue the transaction described 
in the Letter of Intent, and the Letter of Intent is to be 
accepted as further evidence of such official action. 

Sec. 15. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



434 ORDINANCES Ord. No. 320 

No. 320 
(Council No. 638) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(WAVERLY PRESS, INC. PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the ''City") to issue and 
sell, at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon 
its full faith and credit, its industrial development 
revenue bonds, in the aggregate principal amount not 
to exceed $2,400,000, pursuant to the provisions of Sub- 
section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended, for the sole and 
exclusive purpose of financing the costs of the comple- 
tion by Waverly Press, Inc., a Maryland corporation (the 
"Borrower"), of a certain project in Baltimore City 
consisting of the construction of a five-story office build- 
ing on certain real property previously acquired by the 
Borrower located at 210-216 East Preston Street in Bal- 
timore City, and the purchase and installation of certain 
machinery and equipment therein, to be owned by the 
Borrower and to be used by the Borrower in connection 
with its business of printing and publishing medical 
and scientific books and periodicals; authorizing the 
Mayor of the City, on behalf of the (iity, to accept the 
letter of intent dated April 6, 1981 from the Borrower 
to the City ; making certain legislative findings ; author- 
izing and empowering the Board of Finance of the City, 
by a resolution or resolutions adopted prior to the issu- 
ance, sale and delivery of any series of such bonds, to 
(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale) , and the time or times of issuance, and 
any and all other details of such bonds, and (b) do any 
and all things necessary, proper or expedient in con- 
nection with the issuance and sale of such bonds; pro- 
viding that the Borrower shall agree to submit any plans 
and specifications to, and to coordinate with, the De- 



ORDINANCES 436 

partment of Housing and Community Development in 
connection with the completion of such project; provid- 
ing that such bonds must be issued and sold within 
six months from the date this Ordinance is approved 
by the Mayor, unless the Board of Finance approves one 
six month extension as provided in this Ordinance; and 
generally providing for and determining various mat- 
ters and details in connection with the issuance and 
sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended (the "Enabling 
Law'*), empowers Mayor and City Council of Baltimore 
(the **City'') to borrow money to finance undertakings 
for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including re- 
funding bonds, notes or other obligations), all of which 
shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues from 
or arising in connection with any contracts, mortgages 
or other securities purchased or other^vise acquired with 
the proceeds of such bonds, notes or other obligations, 
(III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combina- 
tion of (I), (II), or (III). The purposes, objects and 
powers of the City contemplated by the Enabling Law 
include the relief of conditions of unemployment in Bal- 
timore City, encouraging the increase of industry and 
a balanced economy in Baltimore City, promoting eco- 
nomic development in Baltimore City, and promoting the 
health, welfare and safety of the residents of Baltimore 
City. 

The City has received a letter of intent dated April 6, 
1981 (the "Letter of Intent'') from Waverly Press, Inc., 
a Maryland corporation (the "Borrower"), pursuant to 



436 ORDINANCES Ord. No. 320 

which the Borrower has requested the City to partici- 
pate in the financing of the costs of the completion by 
the Borrower of a certain project in Baltimore City, 
Maryland (the "Project"), by issuing and selling the 
City's industrial development revenue bonds in the aggre- 
gate principal amount not to exceed $2,400,000 (the 
"Bonds"), and by making the proceeds of the Bonds 
available to the Borrower to be used by the Borrower 
for the sole and exclusive purpose of financing the costs 
of the completion of the Project by the Borrower. 

The Project, which is an "undertaking" which wall 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist gen- 
erally of (a) the construction of a five-story office build- 
ing located on certain real property previously acquired 
by the Borrower located at 210-216 East Preston Street 
in Baltimore City, and (b) the acquisition and installa- 
tion in such building of any or all machinery and equip- 
ment as may be necessary or useful in connection with 
the operation thereof. Upon completion, the Project will 
be owned by the Borrower for use as an office building 
in connection with its business of publishing and print- 
ing medical and scientific books and periodicals. 

The Enabling Law provides that the City may author- 
ize and empower the Board of Finance of the City (the 
"Board") by resolution to determine and set forth the 
form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale) , and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper 
or expedient in connection with the issuance and sale 
of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1, Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 



ORDINANCES 437 

ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrower. 

(2) The completion of the Project by the Borrower and 
the financing of the costs of such completion as provided 
in this Ordinance will serve to promote the general pur- 
poses contemplated by the Enabling Law by (a) creating 
new job opportunities, thus relieving conditions of un- 
employment in Baltimore City and (b) promoting economic 
development and a balanced economy in Baltimore City. 

(3) Any and all of the Bonds shall not be general ob- 
ligations of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City, and 
shall not constitute a debt of the City, all within the 
meaning of Section 7 of Article XI of the Constitution of 
Maryland or within the meaning of any other constitutional, 
statutory or charter provision limiting or restricting the 
sale or issuance of bonds, notes or other obligations of 
the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to 
both principal and interest, solely from and secured solely 
by a pledge of (I) the revenues from or arising in con- 
nection with the Project, (II) the revenues from or aris- 
ing in connection with any contracts, mortgages or other 
securities purchased or otherwise acquired with the pro- 
ceeds of the Bonds, (III) the contracts, mortgages or other 
securities purchased or otherwise acquired with the pro- 
ceeds of the Bonds, or (IV) any combination of (I), (II) 
or (III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery 
of any of the Bonds. 

Sec. 2. And he it further ordained, That the City is hereby 
authorized and empowered to issue and sell, at any time or 
from time to time and in one or more series, as limited 
obligations of the City and not upon its full faith and 
credit, its industrial development revenue bonds, in the 
aggregate principal amount not to exceed $2,400,000, sub- 
ject to the provisions of this Ordinance. The proceeds of 
the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 



438 ORDINANCES Ord. No. 320 

in a Resolution, and used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion 
of the Project. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized 
to accept the Letter of Intent on behalf of the City in 
order to further evidence the present intent of the City 
to issue the Bonds in accordance with the terms and pro- 
visions of this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of the bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates) , under 
which the proceeds of the Bonds \^dll be made available 
to the Borrower to finance the costs of the completion of 
the Project; and 

(d) do any and all things necessary, proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 



ORDINANCES 439 

Sec. 5. And be it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that : 

(a) it ^nll submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained. That any and all of 
the Bonds shall be executed in the name of the City and 
on its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or otherwise reproduced thereon and attested by 



440 ORDINANCES Ord. No. 320 

the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the 
City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby author- 
ized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine by resolution to be necessary to carry out and 
comply with the provisions hereof. 

Sec. 8. And he it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of the 
City or by the Chief, Bureau of Treasury Management of 
the City or by such other appropriate official of the City 
as may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 9. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitutionality, 
or inapplicability shall not affect or impair any of the 
remaining provisions, sentences, clauses, sections, or parts 
of this Ordinance or their application to other persons or 
circumstances. It is hereby declared to be the legislative 
intent that this Ordinance would have been passed if such 
illegal, invalid or unconstitutional provision, sentence. 



ORDINANCES 441 

clause, section or part had not been included herein, and 
if the person or circumstances to which this Ordinance or 
any part hereof are inapplicable had been specifically ex- 
empted herefrom. 

Sec. 10. And be it further ordained, That the Bonds must 
be issued and sold within six months from the date on 
which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six month period, 
may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board, in its sole discretion, and without 
action by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six month period. If an extension is 
granted, notice of such extension and the reasons there- 
for must be sent to the City Council. If the Bonds are not 
issued and sold \\ithin t^velve months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authority provided in this Ordinance for the City 
to issue and sell the Bonds shall expire. 

Sec. 11. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 321 
(Council No. 640) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 
BONDS— (G & C COMPANY PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore (the ''City") to issue and 



442 ORDINANCES Ord. No. 321 

sell, at any time or from time to time and in one or 
more series, as limited obligations of the City and not 
upon its full faith and credit, its industrial develop- 
ment revenue bonds, in the aggregate principal amount 
not to exceed $200,000, pursuant to the provisions of 
Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended, for the sole 
and exclusive purpose of financing the costs of the com- 
pletion by G & C Company, a Maryland general partner- 
ship (the "Borrov^er"), of a certain project in Balti- 
more City consisting of the acquisition of certain real 
property located at 1201 South Howard Street in Balti- 
more City, and the renovation of certain improvements 
thereon, to be owned by the Borrower, leased to Herbert 
Greenbaum & Associates, Inc., a Maryland corporation 
(''Lessee No. 1"), and New Cut Cabinet Company, a 
Maryland general partnership (''Lessee No. 2"), to be 
used by Lessee No. 1 in connection with its business of 
designing, selling and distributing kitchen cabinets and 
other kitchen accessories and to be used by Lessee No. 2 
in connection with its business of manufacturing cabi- 
nets, countertops and vanities to be used in kitchens and 
kitchen-type settings and counters and booths to be used 
in such places as nursing homes, hospitals and schools; 
authorizing the Mayor of the City, on behalf of the 
City, to accept the letter of intent dated March 25, 1981 
from the Borrower to the City; making certain legisla- 
tive findings ; authorizing and empowering the Board of 
Finance of the City, by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any 
series of such bonds, to (a) prescribe, among other 
things but not limited to, the form, terms, provisions, 
manner or method of issuing and selling (including 
negotiated as well as competitive bid sale) , and the time 
or times of issuance, and any and all other details of 
such bonds, and (b) do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of such bonds; providing that the Borrower shall 
agree to submit any plans and specifications to, and to 
coordinate with, the Department of Housing and Com- 
munity Development in connection with the completion 
of such project; providing that such bonds must be is- 



ORDINANCES 443 

sued and sold within six months from the date this 
Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six month extension as pro- 
vided in this Ordinance; and generally providing for and 
deteiTQining various matters and details in connection 
with the issuance and sale of such bonds. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the "En- 
abling Law"), empowers Mayor and City Council of 
Baltimore (the "City") to borrow money to finance 
undertakings for the accomplishment of any of the pur- 
poses, objects and powers of the City and in connection 
therewith to issue bonds, notes, or other obligations (in- 
cluding refunding bonds, notes or other obligations), all 
of which shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
with the property, facilities, developments and improve- 
ments whose financing is undertaken by the issuance of 
such bonds, notes or other obligations, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise ac- 
quired ^\ath the proceeds of such bonds, notes or other 
obligations, (III) the contracts, mortgages or other 
securities purchased or othenvise acquired with the pro- 
ceeds of such bonds, notes or other obligations, or (IV) 
any combination of (I), (II) or (III). The purposes, 
objects and powers of the City contemplated by the 
Enabling Law include the relief of conditions of un- 
employment in Baltimore City, encouraging the increase 
of industry and a balanced economy in Baltimore City, 
promoting economic development in Baltimore City, and 
promoting the health, welfare and safety of the resi- 
dents of Baltimore City. 

The City has received a letter of intent dated March 
25, 1981 (the "Letter of Intent") from G & C Company, 
a Maryland general partnership (the "Borrower"), pur- 
suant to which the Borrower has requested the City to 
participate in the financing of the costs of the comple- 
tion by the Borrower of a certain project in Baltimore 



444 ORDINANCES Ord. No. 321 

City, Maryland (the "Project"), by issuing and selling 
the City's industrial development revenue bonds in the 
aggregate principal amount not to exceed $200,000 (the 
"Bonds"), and by making the proceeds of the Bonds 
available to the Borrov^er to be used by the Borrower 
for the sole and exclusive purpose of financing the costs 
of the completion of the Project by the Borrower. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist generally 
of (a) the acquisition of certain real property located at 
1201 South Howard Street in Baltimore City and (b) the 
renovation of certain improvements thereon. Upon com- 
pletion, the Project will be owned by the Borrower and 
leased to Herbert Greenbaum & Associates, Inc., a Mary- 
land corporation ("Lessee No. 1") and to New Cut Cab- 
inet Company, a Maryland general partnership ("Lessee 
No. 2"), to be used by Lessee No. 1 in connection with 
its business of designing, selling and distributing kitchen 
cabinets and other kitchen accessories and to be used by 
Lessee No. 2 in connection with its business of manu- 
facturing cabinets, countertops and vanities to be used 
in kitchens and kitchen-type settings and counters and 
booths to be used in such places as nursing homes, hos- 
pitals and schools. 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the "Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any 
and all other details of the Bonds and the issuance and 
sale thereof, and to do any and all things necessary, 
proper or expedient in connection with the issuance and 
sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 

it is hereby found and determined as follows : 



ORDINANCES 445 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabhng Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion 
of the Project will facilitate and expedite the completion 
of the Project by the Borrower. 

(2) The completion of the Project by the Borrower 
and the financing of the costs of such completion as pro- 
vided in this Ordinance will serve to promote the general 
purposes contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) pro- 
moting economic development in Baltimore City; and (c) 
encouraging the increase of industry and a balanced econ- 
omy in Baltimore City. 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or in- 
volve the faith and credit or the taxing power of the City, 
and shall not constitute a debt of the City, all ^vithin the 
meaning of Section 7 of Article XI of the Constitution of 
Maryland or within the meaning of any other constitu- 
tional, statutory or charter provision limiting or restricting 
the sale or issuance of bonds, notes or other obligations of 
the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
with the Project, (II) the revenues from or arising in 
connection with any contracts, mortgages or other se- 
curities purchased or otherwise acquired with the proceeds 
of the Bonds, (III) the contracts, mortgages or other se- 
curities purchased or otherwise acquired with the proceeds 
of the Bonds, or (IV) any combination of (I), (II) or 
(III), all as the Board may approve by a resolution or 
resolutions adopted prior to the issuance, sale and delivery 
of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in the 
aggregate principal amount not to exceed $200,000, sub- 



446 ORDINANCES Ord. No. 321 

ject to the provisions of this Ordinance. The proceeds of 
the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the Borrower for the sole and 
exclusive purpose of financing the costs of the completion 
of the Project. 

Sec. S. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds, to: 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such pro- 
visions in any such trust agreem.ent or similar agreement 
as the Board may deem reasonable and proper for the 
security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than 
customary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the completion 
of the Project; and 



ORDINANCES 447 

(d) do any and all things necessary, proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 

Sec. 5. And be it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a debt 
of the City, all within the meaning of Section 7 of Article 
XI of the Constitution of Maryland or any other constitu- 
tional, statutory or charter provision limiting or restricting 
the sale or issuance of bonds, notes or other obligations of 
the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
with the Project, (II) the revenues from or arising in 
connection with any contracts, mortgages or other se- 
curities purchased or otherwise acquired with the pro- 
ceeds of the Bonds, (III) the contracts, mortgages or 
other securities purchased or otherwise acquired with the 
proceeds of the Bonds, or (IV) any combination of (I), 
(II) or (III), all as the Board may approve by a resolution 
or resolutions adopted prior to the issuance, sale and 
delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) it \vill submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 
quality site, building, and landscape design. 

Sec. 7. And be it further ordained, That any and all 
of the Bonds shall be executed in the name of the City and 
on its behalf by the Mayor of the City, by his manual or 



448 ORDINANCES Ord. No. 321 

facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested 
by the Custodian of the City Seal, by his manual signature 
Any trust agreement or other documents as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the 
City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby au- 
thorized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine by resolution to be necessary to carry out and 
comply with the provisions hereof. 

Sec. 8. And be it further ordained, That any and all 
necessary financing statements required for the consumma- 
tion of the transactions authorized by this Ordinance may 
be executed on behalf of the City by the Mayor of the City 
or by the Chief, Bureau of Treasury Management of the 
City or by such other appropriate official of the City as 
may be designated by the Mayor of the City to execute 
such financing statements. 

Sec. 9. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, sen- 
tence, clause, section or part hereof is held illegal, invalid 
or unconstitutional or inapplicable to any person or cir- 
cumstances, such illegality, invalidity or unconstitution- 
ality, or inapplicability shall not affect or impair any of 



ORDINANCES 449 

the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 
Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 10. And be it further ordained, That the Bonds 
must be issued and sold within six months from the date 
on which this Ordinance is approved by the Mayor of the 
City; provided, however, that the Board, after a showing 
of good cause at a public hearing held before the Board 
prior to or after the expiration of such six month period, 
may extend the period during which the Bonds may be 
issued and sold for one additional term not to exceed six 
months from the date on which the first six month period 
expired. The Board, in its sole discretion, and without ac- 
tion by the City Council, shall determine the sufficiency, 
or lack thereof, of the reasons presented for any requested 
extension of the six month period. If an extension is 
granted, notice of such extension and the reasons therefor 
must be sent to the City Council. If the Bonds are not is- 
sued and sold within twelve months from the date on 
which this Ordinance is approved by the Mayor of the 
City, the authority provided in this Ordinance for the City 
to issue and sell the Bonds shall expire. 

Sec. 11. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



450 ORDINANCES Ord. No. 322 

No. 322 
(Council No. 641) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(BINDAGRAPHICS PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $500,000, 
pursuant to the provisions of Sub-section (50) of Ar- 
ticle II of the Charter of Baltimore City (1964 Revision), 
as amended, for the sole and exclusive purpose of financ- 
ing the costs of the completion by Bindagraphics, Inc., 
a Maryland corporation, of a certain project in Balti- 
more City consisting of the purchase and installation 
of certain machinery and equipment for use in its busi- 
ness of binding soft cover books and pamphlets and 
related expansion of such business; authorizing the 
Mayor of the City, on behalf of the City, to accept the 
letter of intent dated April 10, 1981, from Bindagraphics, 
Inc. to the City; making certain legislative findings; 
authorizing and empowering the Board of Finance of 
the City, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any series of such 
bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or method 
of issuing and selling (including negotiated as well as 
competitive bid sale) , and the time or times of issuance, 
and any and all other details of such bonds, and (b) do 
any and all things necessary, proper or expedient in 
connection with the issuance and sale of such bonds; 
providing that Bindagraphics, Inc. shall agree to submit 
any plans and specifications to, and to coordinate with, 
the Department of Housing and Community Development 
in connection with the completion of such project; pro- 
viding that such bonds (or bond anticipation notes is- 
sued in anticipation of the issuance of such bonds) must 
be issued and sold within six months from the date this 



ORDINANCES 451 

Ordinance is approved by the Mayor, unless the Board 
of Finance approves one six month extension as pro- 
vided in this Ordinance; authorizing the issuance of 
notes in anticipation of the issuance of such revenue 
bonds; and generally providing for and determining 
various matters and details in connection with the is- 
suance and sale of such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Balti- 
more City (1964 Revision), as amended (the "Enabling 
Law"), empowers Mayor and City Council of Baltimore 
(the "City") to borrow money to finance undertakings 
for the accomplishment of any of the purposes, objects 
and powers of the City and in connection therewith to 
issue bonds, notes, or other obligations (including re- 
funding bonds, notes or other obligations), all of which 
shall be fully negotiable, payable, as to both principal 
and interest, solely from and secured solely by a pledge 
of (I) the revenues from or arising in connection with 
the property, facilities, developments and improvements 
whose financing is undertaken by the issuance of such 
bonds, notes or other obligations, (II) the revenues from 
or arising in connection with any contracts, mortgages 
or other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations, 
(III) the contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of such 
bonds, notes or other obligations, or (IV) any combina- 
tion of (I), (II) or (III). The purposes, objects and 
powers of the City contemplated by the Enabling Law 
include the relief of conditions of unemployment in Bal- 
timore City, encouraging the increase of industry and a 
balanced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated April 10, 
1981 (the "Letter of Intent") from Bindagraphics, Inc., 
a Maryland corporation (the "Borrower"), pursuant to 
which the Borrower has requested the City to participate 
in the financing of the costs of the completion by the 
Borrower of a certain project in Baltimore City, Mary- 



452 ORDINANCES Ord. No. 322 

land (the 'Troject"), by issuing and selling the City's 
industrial development revenue bonds in the aggregate 
principal amount not to exceed $500,000 (the ''Bonds''), 
and by making the proceeds of the Bonds available to the 
Borrower to be used by the Borrower for the sole and ex- 
clusive purpose of financing the costs of the completion of 
the Project by the Borrower. 

The Project, which is an ''undertaking" which will ac- 
complish the purposes, objects and powers of the City as 
mentioned in the Enabling Law, will consist of the acqui- 
sition and installation of certain machinery and equip- 
ment necessary or useful in connection with the Bor- 
rower's business of binding soft cover books and pamph- 
lets (or in connection with any related expansion thereof) 
at its principal place of business located at 3104 Viona 
Avenue in the Lansdowne Area of Baltimore City (or in 
another location in Baltimore City) , all as more fully de- 
scribed in the Letter of Intent. 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the "Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof, and to do any and all things necessary, proper or 
expedient in connection with the issuance and sale of the 
Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH 
THE ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available to the Borrower for the sole and 
exclusive purpose of financing the costs of completion of 
the Project will facilitate and expedite the completion of 
the Project by the Borrower. 



ORDINANCES 453 

(2) The completion of the Project by the Borrower and 

the financing of the costs of such completion as provided 
in this Ordinance will serve to promote the general pur- 
poses contemplated by the Enabling Law by (a) sus- 
taining jobs and employment in Baltimore City; (b) pro- 
moting economic development in Baltimore City; (c) en- 
couraging the increase of industry and a balanced economy 
in Baltimore City; and (d) encouraging the expansion of 
manufacturing operations in Baltimore City. 

(3) Any and all of the Bonds shall not be general obli- 
gations of the City and shall not be a pledge of or involve 
the faith and credit or the taxing power of the City, and 
shall not constitute a debt of the City, all within the 
meaning of Section 7 of Article XI of the Constitution of 
Maryland or within the meaning of any other constitu- 
tional, statutory or charter provision limiting or restricting 
the sale or issuance of bonds, notes or other obligations of 
the City. All of the Bonds shall be limited obligations of 
the City, and shall be fully negotiable, payable, as to both 
principal and interest, solely from and secured solely by a 
pledge of (I) the revenues from or arising in connection 
with the Project, (II) the revenues from or arising in 
connection with any contracts, mortgages or other securi- 
ties purchased or otherwise acquired with the proceeds of 
the Bonds, (III) the contracts, mortgages or other securi- 
ties purchased or otherwise acquired with the proceeds of 
the Bonds, or (IV) any combination of (I), (II) or (HI), 
all as the Board may approve by a resolution or resolutions 
adopted prior to the issuance, sale and delivery of any of 
the Bonds. 



Sec. 2. And he it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in the 
aggregate principal amount not to exceed $500,000, sub- 
ject to the provisions of this Ordinance. The proceeds of 
the Bonds will be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a Resolution, and used by the Borrower for the sole and 



454 ORDINANCES Ord. No. 322 

exclusive purpose of financing the costs of the completion 
of the Project. 

Sec. 3. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the Bonds, 
and the Mayor of the City is hereby authorized to accept 
the Letter of Intent on behalf of the City in order to fur- 
ther evidence the present intent of the City to issue the 
Bonds in accordance with the terms and provisions of this 
Ordinance. 

Sec. 4. And he it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any of the Bonds, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive bid 
sale), and the time or times of issuance, and any and all 
other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such pro- 
visions in any such trust agreement or similar agreement 
as the Board may deem reasonable and proper for the 
security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the completion 
of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 

Sec. 5. And he it further ordained. That any and all of 
the Bonds shall not be general obligations of the City and 



ORDINANCES 455 

shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

Sec. 7. And he it further ordained, That any and all of 
the Bonds shall be executed in the name of the City and 
on its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be im- 
pressed or othenvise reproduced thereon and attested by 
the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 



456 ORDINANCES Ord. No. 322 

shall deem necessaiy to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of the 
City and on its behalf by the Mayor of the City by his 
manual or facsimile signature, and the corporate seal of 
the City or a facsimile thereof shall be impressed or other- 
wise reproduced thereon and attested by the Custodian of 
the City Seal by his manual signature. In case any officer 
whose signature or a facsimile of whose signature shall 
appear on the Bonds or any of the aforesaid documents 
shall cease to be such officer before the delivery of the 
Bonds or any of the other aforesaid documents, such sig- 
nature or such facsimile shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor of the City, 
the Director of Finance of the City, the Custodian of the 
City Seal and other officials of the City are hereby au- 
thorized and empowered to do all such acts and things and 
execute such documents and certificates as the Board may 
determine by resolution to be necessary to carry out and 
comply with the provisions hereof. 

Sec. 8. And be it further ordained, That any and all 
necessary financing statements required for the consumma- 
tion of the transactions authorized by this Ordinance may 
be executed on behalf of the City by the Mayor of the City 
or by the Chief, Bureau of Treasury Management of the 
City or by such other appropriate official of the City as may 
be designated by the Mayor of the City to execute such 
financing statements. 

Sec. 9. And be it further ordained, That the authority 
to issue the Bonds is intended and shall be deemed to in- 
clude the authority to issue bond anticipation notes pur- 
suant to Section 12 of Article 31 of the Annotated Code of 
Maryland (1976 Replacement Volume and 1980 Cumulative 
Supplement), as amended (the *'Bond Anticipation Note 
Enabling Legislation"). Reference in this Ordinance to the 
"Bonds" shall include such bond anticipation notes where 
appropriate. Prior to the issuance, sale and delivery of 
any series of bond anticipation notes, the Board shall adopt 
a resolution or resolutions, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 



ORDINANCES 467 

and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of such bond anticipation notes and the 
issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of such bond anticipation notes; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), 
under which the proceeds of such bond anticipation notes 
will be made available to the Borrower to finance the costs 
of the completion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of such bond anticipation notes. 

In accordance with the Bond Anticipation Note Enabling 
Legislation, the City hereby covenants to pay any bond 
anticipation notes issued pursuant to this Section of this 
Ordinance and the interest thereon from the proceeds of 
the Bonds in anticipation of the sale of which such notes 
are issued, and the City hereby further covenants to issue 
such Bonds, as the case may be, when, and as soon as, the 
reason for deferring the issuance of the Bonds no longer 
exists. The timely issuance of such Bonds, however, is de- 
pendent upon matters not within the control of the City, 
including (without limitation) the existence of a purchaser 
or purchasers for such Bonds at the time the reason for 
deferring the issuance of the Bonds no longer exists and 
the effectiveness of various actions taken by the Borrower, 
its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 



458 ORDINANCES Ord. No. 322 

sentence, clause, section or part hereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, or 
parts of this Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the legis- 
lative intent that this Ordinance would have been passed 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included herein, 
and if the person or circumstances to which this Ordinance 
or any part hereof are inapplicable had been specifically 
exempted herefrom. 

Sec. 11. And be it further ordained, That either the 
Bonds or bond anticipation notes issued pursuant to Sec- 
tion 9 of this Ordinance in anticipation of the issuance of 
the Bonds must be issued and sold within six months from 
the date on which this Ordinance is approved by the Mayor 
of the City; provided, however, that the Board, after a 
showing of good cause at a public hearing held before the 
Board prior to or after the expiration of such six month 
period, may extend the period during which either the 
Bonds or such bond anticipation notes may be issued and 
sold for one additional term not to exceed six months from 
the date on which the first six month period expired. The 
Board, in its sole discretion, and without action by the 
City Council, shall determine the suflficiency, or lack there- 
of, of the reasons presented for any requested extension of 
the six month period. If an extension is granted, notice of 
such extension and the reasons therefor must be sent to 
the City Council. To the extent that neither the Bonds nor 
such bond anticipation notes are issued and sold within 
twelve months from the date on which this Ordinance is 
approved by the Mayor of the City, the authority provided 
in this Ordinance for the City to issue and sell the Bonds 
and such bond anticipation notes shall expire. 

Sec. 12. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



ORDINANCES 459 

No. 323 

(Council No. 642) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS— 
(CONTROL DATA PROPERTIES, INC. PROJECT) 

FOR the purpose of authorizing and empowering Mayor 
and City Council of Baltimore to issue and sell, at any 
time or from time to time and in one or more series, 
as limited obligations of the City and not upon its full 
faith and credit, its industrial development revenue 
bonds, in the aggregate principal amount not to exceed 
$4,000,000, pursuant to the provisions of Sub-section 
(50) of Article II of the Charter of Baltimore City 
(1964 Revision), as amended, for the sole and exclu- 
sive purpose of financing the costs of the acquisition of a 
certain project in Baltimore City for the benefit of 
Control Data Properties, Inc., a Delaware corporation, 
such project to consist of the acquisition of the real 
property located at the intersection of Druid Park Drive 
and Towanda Avenue in Park Circle Industrial Park 
in Baltimore City, the construction and/or renovation 
of certain improvements thereon, and the purchase and 
installation of certain machinery and equipment therein, 
to be owned by, or leased to, Control Data Properties, 
Inc., and leased or subleased to various tenants for in- 
dustrial and office use; authorizing the Mayor of the 
City, on behalf of the City, to accept the letter of intent 
dated April 13, 1981 from Control Data Properties, Inc. 
to the City; making certain legislative findings; au- 
thorizing and empowering the Board of Finance of the 
City, by a resolution or resolutions adopted prior to 
the issuance, sale and delivery of any series of such 
bonds, to (a) prescribe, among other things but not 
limited to, the form, terms, provisions, manner or 
method of issuing and selling (including negotiated as 
well as competitive bid sale), and the time or times of 
issuance, and any and all other details of such bonds, 
and (b) do any and all things necessary, proper or 
expedient in connection with the issuance and sale of 
such bonds; providing that Control Data Properties, 



460 OEDINANCES Ord. No. 323 

Inc. shall agree to submit any plans and specifications 
to, and to coordinate with, the Department of Housing 
and Community Development and the Baltimore Eco- 
nomic Development Corporation in connection v^ith the 
completion of such project; providing that such bonds 
(or bond anticipation notes issued in anticipation of the 
issuance of such bonds) must be issued and sold within 
twelve months from the date this Ordinance is ap- 
proved by the Mayor, unless the Board of Finance ap- 
proves one twelve month extension as provided in this 
Ordinance; authorizing the issuance of notes in antici- 
pation of the issuance of such revenue bonds; and gen- 
erally providing for and determining various matters 
and details in connection with the issuance and sale of 
such bonds and bond anticipation notes. 

RECITALS 

Sub-section (50) of Article II of the Charter of Bal- 
timore City (1964 Revision), as amended (the **En- 
abling Law"), empowers Mayor and City Council of 
Baltimore (the '*(^ity'') to borrow money to finance 
undertakings for the accomplishment of any of the 
purposes, objects and powers of the City and in con- 
nection therewith to issue bonds, notes, or other obli- 
gations (including refunding bonds, notes or other ob- 
ligations), all of which shall be fully negotiable, pay- 
able, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the property, facilities, de- 
velopments and improvements whose financing is under- 
taken by the issuance of such bonds, notes or other 
obligations, (II) the revenues from or arising in con- 
nection with any contracts, mortgages or other securi- 
ties purchased or otherwise acquired with the proceeds 
of such bonds, notes or other obligations, (III) the 
contracts, mortgages or other securities purchased or 
otherwise acquired with the proceeds of such bonds, 
notes or other obligations, or (IV) any combination of 
(I), (II) or (III). The purposes, objects and powers of 
the City contemplated by the Enabling Law include 
the relief of conditions of unemployment in Baltimore 
City, encouraging the increase of industry and a bal- 



ORDINANCES 461 

anced economy in Baltimore City, promoting economic 
development in Baltimore City, and promoting the health, 
welfare and safety of the residents of Baltimore City. 

The City has received a letter of intent dated April 
13, 1981 (the ''Letter of Intent") from Control Data 
Properties, Inc., a Delaware corporation (the "Bor- 
rower"), pursuant to which the Borrower has requested 
the City to participate in the financing of the costs of 
the acquisition of a certain project in Baltimore City, 
Maryland (the "Project"), by (among other means) (a) 
issuing and selling the City's industrial development 
revenue bonds in the aggregate principal amount not to 
exceed $4,000,000 (the "Bonds"), or, at the election of 
the Borrower, (b), in combination with such Bonds, any 
other means authorized by the laws of the State of 
Maryland (the "State"), including, without limitation, 
the Maryland Industrial Land Act, as amended from 
time to time. In the event that the Borrower elects to 
request the City to participate in the financing of the 
acquisition of the Project by issuing the Bonds in com- 
bination with other means authorized by the laws of 
the State, the aggregate principal amount of the Bonds 
to be issued will be reduced in proportion to the amount 
of funds made available through such other means. In 
addition, the aggregate principal amount of the Bonds 
to be issued, whether or not in combination with such 
other means, will be dependent upon the size and man- 
ner of construction of the Project which is elected by 
the Borrower. 

The Project, which is an "undertaking" which will 
accomplish the purposes, objects and powers of the City 
as mentioned in the Enabling Law, will consist generally 
of (a) the utilization of a tract of land containing 
approximately 5.8 acres, located at the intersection of 
Druid Park Drive and Towanda Avenue in the Park 
Circle Industrial Park in Baltimore City, (b) the con- 
struction thereon of a building or buildings or, at the 
option of the Borrower, the construction of a building 
and the renovation of an existing building known as 
School 18, so that the aggregate square footage of such 
building or buildings will be between 80,000 and 120,000, 
(c) to the extent permitted by applicable law, the ac- 



462 ORDINANCES Ord. No. 323 

quisition and installation in such building or buildings 
of such machinery and equipment as may be necessary 
or useful in connection with the operation thereof, and 
(d) the acquisition of such other interests in land as 
may be necessary or suitable for the foregoing, includ- 
ing roads and rights of access, utilities and other neces- 
sary site preparation facilities. Upon completion, the 
Project will be owned by, or leased by the City to, the 
Borrower and leased or subleased to various tenants for 
use as industrial and office facilities. 

The Enabling Law provides that the City may au- 
thorize and empower the Board of Finance of the City 
(the "Board") by resolution to determine and set forth 
the form, terms, provisions, manner or method of issu- 
ing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance, 
and any and all other details of the Bonds and the issu- 
ance and sale thereof, and to do any and all things 
necessary, proper or expedient in connection with the 
issuance and sale of the Bonds. 

NOW THEREFORE, IN ACCORDANCE WITH THE 
ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Enabling Law, 
it is hereby found and determined as follows : 

(1) The issuance and sale of the Bonds by the City 
pursuant to the Enabling Law in order to make the pro- 
ceeds thereof available for the sole and exclusive purpose 
of financing the costs of acquisition of the Project will 
facilitate and expedite the acquisition of the Project. 

(2) The acquisition of the Project and the financing 
of the costs of such acquisition as provided in this Ordi- 
nance will serve to promote the general purposes contem- 
plated by the Enabling Law by (a) relieving conditions of 
unemployment in Baltimore City; (b) promoting economic 
development in Baltimore City and the health, welfare and 
safety of residents of the City; and (c) encouraging the 
increase of industry and a balanced economy in Baltimore 
City. 



ORDINANCES 463 

(3) Any and all of the Bonds shall not be general 
obligations of the City and shall not be a pledge of or 
involve the faith and credit or the taxing pov^er of the 
City, and shall not constitute a debt of the City, all v^ithin 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or v^ithin the meaning of any other constitu- 
tional, statutory or charter provision limiting or restrict- 
ing the sale or issuance of Bonds, notes or other obliga- 
tions of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, 
payable, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection v^ith any contracts, mort- 
gages or other securities purchased or othervi^ise acquired 
with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 2. Arid be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds, in 
the aggregate principal amount not to exceed $4,000,000, 
subject to the provisions of this Ordinance. The proceeds 
of the Bonds will be made available under terms and 
conditions approved by the Board and set forth in a Reso- 
lution, and used for the sole and exclusive purpose of 
financing the costs of the acquisition of the Project. 

Sec. 3. And he it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City is hereby authorized to 
accept the Letter of Intent on behalf of the City in order 
to further evidence the present intent of the City to issue 
the Bonds in accordance with the terms and provisions of 
this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 



464 ORDINANCES Ord. No. 323 

empowered, by a resolution or resolutions adopted prior 
to the issuance, sale and delivery of any of the Bonds, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of the Bonds and the issuance and sale 
thereof ; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar agree- 
ment, as provided in the Enabling Law, and (iii) such 
provisions in any such trust agreement or similar agree- 
ment as the Board may deem reasonable and proper for 
the security of the holders of the Bonds ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), under 
which the proceeds of the Bonds will be made available 
to finance the costs of the acquisition of the Project; and 

(d) do any and all things necessary, proper or expe- 
dient in connection with the issuance, sale and delivery of 
the Bonds. 

Sec. 5. And be it further ordained, That any and all of 
the Bonds shall not be general obligations of the City and 
shall not be a pledge of or involve the faith and credit or 
the taxing power of the City, and shall not constitute a 
debt of the City, all within the meaning of Section 7 of 
Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision limiting or 
restricting the sale or issuance of bonds, notes or other 
obligations of the City. All of the Bonds shall be limited 
obligations of the City, and shall be fully negotiable, 
payable, as to both principal and interest, solely from and 
secured solely by a pledge of (I) the revenues from or 
arising in connection with the Project, (II) the revenues 
from or arising in connection with any contracts, mort- 
gages or other securities purchased or otherwise acquired 



ORDINANCES 465 

with the proceeds of the Bonds, (III) the contracts, mort- 
gages or other securities purchased or otherwise acquired 
with the proceeds of the Bonds, or (IV) any combination 
of (I), (II) or (III), all as the Board may approve by a 
resolution or resolutions adopted prior to the issuance, 
sale and delivery of any of the Bonds. 

Sec. 6. And be it further ordained, That the Borrower 
shall agree that: 

(a) it will submit any plans and specifications for the 
Project to the Department of Housing and Community 
Development and the Baltimore Economic Development 
Corporation for approval, and that the Department of 
Housing and Community Development may refuse approval 
of any plans and specifications for aesthetic or functional 
reasons; and 

(b) it and its developers will work with the City's 
Design Advisory Panel in order to achieve high quality 
site, building, and landscape design. 

Sec. 7. And be it further ordained, That any and all 
of the Bonds shall be executed in the name of the City and 
on its behalf by the Mayor of the City, by his manual or 
facsimile signature, and by the Director of Finance of the 
City, by his manual or facsimile signature, and the cor- 
porate seal of the City or a facsimile thereof shall be 
impressed or otherwise reproduced thereon and attested by 
the Custodian of the City Seal, by his manual signature. 
Any trust agreement or other documents as the Board 
shall deem necessary to effectuate the issuance, sale and 
delivery of the Bonds shall be executed in the name of 
the City and on its behalf by the Mayor of the City by 
his manual or facsimile signature, and the corporate seal 
of the City or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the Custo- 
dian of the City Seal by his manual signature. In case 
any officer whose signature or a facsimile of whose sig- 
nature shall appear on the Bonds or any of the aforesaid 
documents shall cease to be such officer before the delivery 
of the Bonds or any of the other aforesaid documents, 
such signature or such facsimile shall nevertheless be 
valid and sufficient for all purposes, the same as if such 



466 ORDINANCES Ord. No. 323 

officer had remained in office until delivery. The Mayor of 
the City, the Director of Finance of the City, the Custo- 
dian of the City Seal and other officials of the City are 
hereby authorized and empowered to do all such acts and 
things and execute such documents and certificates as the 
Board may determine by resolution to be necessary to 
carry out and comply with the provisions hereof. 

Sec. 8. And be it further ordained, That any and all 
necessary financing statements required for the consum- 
mation of the transactions authorized by this Ordinance 
may be executed on behalf of the City by the Mayor of 
the City or by the Chief, Bureau of Treasury Management 
of the City or by such other appropriate official of the 
City as may be designated by the Mayor of the City to 
execute such financing statements. 

Sec. 9. And he it further ordained, That the authority 
to issue the Bonds is intended and shall be deemed to 
include the authority to issue bond anticipation notes 
pursuant to Section 12 of Article 31 of the Annotated Code 
of Maryland (1976 Replacement Volume and 1980 Cumu- 
lative Supplement), as amended (the "Bond Anticipation 
Note Enabling Legislation"). Reference in this Ordinance 
to the "Bonds" shall include such bond anticipation notes 
where appropriate. Prior to the issuance, sale and delivery 
of any series of bond anticipation notes, the Board shall 
adopt a resolution or resolutions, to : 

(a) prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling (including negotiated as well as competitive 
bid sale), and the time or times of issuance, and any and 
all other details of such bond anticipation notes and the 
issuance and sale thereof; 

(b) approve (i) the pledge or assignment by the City 
of any of the security described in Section 5 of this Ordi- 
nance, pursuant to a trust agreement or similar agreement, 
(ii) the form of any such trust agreement or similar 
agreement, as provided in the Enabling Law, and (iii) 
such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 



ORDINANCES 467 

for the security of the holders of such bond anticipation 
notes ; 

(c) approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), under 
which the proceeds of such bond anticipation notes v^ill 
be made available to the Borrov^er to finance the costs of 
the completion of the Project; and 

(d) do any and all things necessary, proper or ex- 
pedient in connection v^ith the issuance, sale and delivery 
of such bond anticipation notes. 

In accordance with the Bond Anticipation Note En- 
abling Legislation, the City hereby covenants to pay any 
bond anticipation notes issued pursuant to this Section of 
this Ordinance and the interest thereon from the proceeds 
of the Bonds in anticipation of the sale of which such 
notes are issued, and the City hereby further covenants 
to issue such Bonds, as the case may be, when, and as soon 
as, the reason for deferring the issuance of the Bonds no 
longer exists. The timely issuance of such Bonds, however, 
is dependent upon matters not within the control of the 
City, including (without limitation) the existence of a 
purchaser or purchasers for such Bonds at the time the 
reason for deferring the issuance of the Bonds no longer 
exists and the effectiveness of various actions taken by 
the Borrower, its officers, agents and employees. 

Sec. 10. And be it further ordained, That the provi- 
sions of this Ordinance are severable, and if any provision, 
sentence, clause, section or part hereof is held illegal, 
invalid or unconstitutional or inapplicable to any person 
or circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, 
or parts of this Ordinance or their application to other 
persons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
passed if such illegal, invalid or unconstitutional provision, 
sentence, clause, section or part had not been included 
herein, and if the person or circumstances to which this 



468 ORDINANCES Ord. No. 323 

Ordinance or any part hereof are inapplicable had been 
specifically exempted herefrom. 

Sec. 11. And be it further ordained, That either the 
Bonds or bond anticipation notes issued pursuant to Section 
9 of this Ordinance in anticipation of the issuance of the 
Bonds must be issued and sold within twelve months from 
the date on which this Ordinance is approved by the 
Mayor of the City; provided, however, that the Board, 
after a showing of good cause at a public hearing held 
before the Board prior to or after the expiration of such 
twelve month period, may extend the period during which 
either the Bonds or such bond anticipation notes may be 
issued and sold for one additional term not to exceed 
twelve months from the date on which the first twelve 
month period expired. The Board, in its sole discretion, 
and without action by the City Council, shall determine 
the suflSciency, or lack thereof, of the reasons presented 
for any requested extension of the twelve month period. 
If an extension is granted, notice of such extension and 
the reasons therefor must be sent to the City Council. 
To the extent that neither the Bonds nor such bond an- 
ticipation notes are issued and sold within twenty-four 
months from the date on which this Ordinance is ap- 
proved by the Mayor of the City, the authority provided 
in this Ordinance for the City to issue and sell the Bonds 
and such bond anticipation notes shall expire. 

Sec. 12. And he it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 5, 1981. 

WILLIAM DONALD SCHAEFER, Ma^jor. 



ORDINANCES 469 

No. 324 
(Council No. 635) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE 

BONDS— 100 HOPKINS PLACE LIMITED 

PARTNERSHIP 

FOR the purpose of supplementing and amending Ordi- 
nance No. '84 of Mayor and City Council of Baltimore, 
approved by the Mayor on June 9, 1980, to (a) increase 
from $2,800,000 to $4,500,000 the aggregate principal 
amount of industrial development revenue bonds that 
Mayor and City Council of Baltimore is authorized and 
empowered to issue, sell and deliver under Ordinance 
No. 84, as limited obligations of Mayor and City Coun- 
cil of Baltimore and not upon its full faith and credit, 
for the sole and exclusive purpose of financing the con- 
struction of a parking facility to be located at 100 
Hopkins Place in Baltimore City, pursuant to the pro- 
visions of Sub-section (50) of Article II of the Charter 
of Baltimore City (1964 Revision), as amended, and (b) 
extending from six months to 24 months the authoriza- 
tion for the City to issue, sell and deliver the industrial 
development revenue bonds authorized by Ordinance 
No. 84 and to be designated ^'Baltimore City, Maryland 
Industrial Development Revenue Bonds (100 Hopkins 
Place Commercial Facility Project) and Baltimore City, 
Maryland Industrial Development Revenue Bonds (100 
Hopkins Place Parking Facility Project) ". 

BY repealing and reenacting, with amendments. 
Ordinance No. 84 of Mayor and City Council of 
Baltimore, approved June 9, 1980 

Section 3 
Section 8 
Section 19 

RECITALS 

Whereas, Mayor and City Council of Baltimore (the 
**City''), by Ordinance No. 84, approved by the Mayor 



470 ORDINANCES Ord. No. 324 

on June 9, 1980 (the ''Ordinance"), authorized and em- 
powered the City to issue, sell and deliver, at one time 
or from time to time and in one or more series, as limited 
obligations of the City and not upon its full faith and 
credit, its BMtimore City, Maryland Industrial Develop- 
ment Revenue Bonds (100 Hopkins Place Commercial 
Facility Project), in the aggregate principal amount not 
to exceed $1,000,000 (the ''Commercial Facility Bonds"), 
subject to the provisions of the Ordinance, for the sole 
and exclusive purpose of financing the acquisition and 
construction of a commercial facility to be located at 100 
Hopkins Place in Baltimore City, to be leased by 100 
Hopkins Place Limited Partnership, a Maryland limited 
partnership (the "Borrower"), to various tenants for 
use as office and retail space ; and 

Whereas, pursuant to the Ordinance, the City has 
also authorized and empowered the City to issue, sell and 
deliver at one time or from time to time and in one or 
more series, as limited obligations of the City and not 
upon its full faith and credit, its Baltimore City, Mary- 
land Industrial Development Revenue Bonds (100 Hop- 
kins Place Parking Facility Project), in the aggregate 
principal amount not to exceed $2,800,000 (the "Parking 
Facility Bonds"), subject to the provisions of the Ordi- 
nance, for the sole and exclusive purpose of financing 
the acquisition and construction of a public parking fa- 
cility (the "Parking Facility"), which will contain one 
story of retail space, to be operated and leased by the 
Borrower; and 

Whereas, the Borrower's original estimate of costs 
for acquisition and construction of the Parking Facility 
was contingent upon the receipt of additional funds pur- 
suant to an Urban Development Action Grant ("UDAG") 
authorized by the United States Department of Housing 
and Urban Development, and the Borrower has now 
been notified that a UDAG will not be made for the bene- 
fit of the Borrower and, consequently, the Borrower 
must reestimate and recalculate the costs of the acquisi- 
tion and construction of the Parking Facility ; and 

Whereas, the Borrower has determined that due to 
its inability to obtain a UDAG and increased costs of 



ORDINANCES 471 

construction, the costs of construction of the Parking 
Facility will exceed ?2, 800, 000, and, accordingly, the 
Borrower has requested that the City increase the ag- 
gregate principal amount of the Parking Facility Bonds 
which it is authorized to issue, sell and deliver under the 
Ordinance from $2,800,000 to $4,500,000; and 

Whereas, the Borrower has only recently been in- 
formed that it would not receive a UDAG and must now 
revise its estimate of costs for the acquisition and con- 
struction of the Parking Facility before being able to 
finalize negotiations with a purchaser of the Commercial 
Facility Bonds and the Parking Facility Bonds and, 
therefore, the Borrower has requested an extension from 
six months to 24 months of the authorization provided 
in the Ordinance for the City to issue and sell the Com- 
mercial Facility Bonds and the Parking Facility Bonds; 
and 

Whereas, the City has determined that the issuance 
and sale of the Commercial Facility Bonds and the 
Parking Facility Bonds by the City pursuant to Sub- 
section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended (the ''Enabling Law'*) 
and the acquisition of the Commercial Facility and the 
Parking Facility and the financing thereof as provided 
in the Ordinance will promote the declared legislative 
purposes of the Enabling Law and are in the best in- 
terests of the citizens of Baltimore City, Maryland, and 
that in order to accomplish the public purposes of the 
Enabling Law and the Ordinance, it is in the best in- 
terests of the citizens of Baltimore City, Maryland to 
increase from $2,800,000 to $4,500,000 the aggregate 
principal amount of Parking Facility Bonds which the 
City is authorized to issue, sell and deliver pursuant to 
the Ordinance, and to extend from six months to 24 
months the authorization to issue the Commercial Fa- 
cility Bonds and the Parking Facility Bonds pursuant to 
the Ordinance. 

NOW, THEREFORE, IN ACCORDANCE WITH 
THE ENABLING LAW: 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the City is hereby authorized and em- 



472 ORDINANCES Ord. No. 324 

powered to issue, sell and deliver the Parking Facility 
Bonds, at one time or from time to time and in one or more 
series, in the aggregate principal amount not to exceed 
$4,500,000, subject to all of the provisions set forth in 
the Ordinance, none of which provisions are in any way 
rescinded, amended, changed or modified by this supple- 
mental ordinance except as specifically set forth herein. 

Sec. 2. And be it further ordained, That Section 3 of the 
Ordinance is hereby repealed, amended, and reenacted to 
read as follows: 

Sec. 3. And be it further ordained, That the City is 
hereby authorized and empowered to issue, sell and 
deliver, at one time or from time to time and in one or 
more series, as limited obligations of the City and not 
upon its full faith and credit, its Baltimore City, Mary- 
land Industrial Development Revenue Bonds (100 Hop- 
kins Place Parking Facility Project), in the aggregate 
principal amount not to exceed [$2,800,000] $^,500,000 
(the ''Parking Facility Bonds"), subject to the provi- 
sions of this Ordinance. The proceeds of the Parking 
Facility Bonds will be loaned to the Borrower pursuant 
to the terms and provisions of the Parking Facility Loan 
Agreement, to be used by the Borrower for the sole and 
exclusive purpose of financing the acquisition and con- 
struction of the Parking Facility. The Parking Facility 
Bonds and the interest thereon shall be limited obliga- 
tions of the City, repayable by the City solely from the 
revenue derived from Parking Facility Loan repayments 
(both principal and interest) made to the City by the 
Borrower pursuant to the Parking Facility Loan Agree- 
ment and from any other moneys made available to the 
City for such purpose. The security for the Parking Fa- 
cility Bonds shall be solely and exclusively as provided 
in Section 1 of this Ordinance. 

Sec. 3. And be it further ordained, That Section 8 of the 
Ordinance is hereby repealed, amended, and reenacted as 
follows : 

Sec. 8. And be it further ordained. That the Com- 
mercial Facility Bonds shall be executed, issued and 



ORDINANCES 478 

delivered at any time or from time to time and in such 
amount or amounts not exceeding, in the aggregate, the 
principal amount of $1,000,000, as the Board shall pre- 
scribe in the Resolution. The Parking Facility Bonds 
shall be executed, issued and delivered at any time or 
from time to time and in such amount or amounts not 
exceeding, in the aggregate, the principal amount of 
C$2,800,000] $J,,500,000, as the Board shall prescribe in 
the Resolution. 

Sec. 4. And he it further ordained, That Section 19 of 
the Ordinance is hereby repealed, amended, and reenacted 
as follows: 

Sec. 19. And he it further ordained. That if the Bonds 
are not issued and sold within [sixj tiventy-four months 
from the date on which this Ordinance is approved by 
the Mayor of the City, the authorization provided in this 
Ordinance for the City to issue and sell the Bonds shall 
expire; provided, however, that the Board of Finance, 
extend such authorization i[or| for one additional term 
not to exceed six months. The Board of Finance, in its 
sole discretion shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested ex- 
tension of this Ordinance. If an extension is granted, 
notice of such extension and the reasons therefor must 
be sent to the City Council. 

Sec. 5. And he it further ordained, That this supple- 
mental ordinance shall take effect from the date of its 
passage. 

Approved June 9, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



474 ORDINANCES Ord. No. 325 

No. 325 
(Council No. 499) 

AN ORDINANCE concerning 

PISTOLS 

FOR the purpose of repealing certain provisions of the 
Baltimore City Code relating to pistols. 

BY repealing 

Article 19 — Police Ordinances 

Sections 106 through 110, inclusive 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 106 through 110, inclusive of 
Article 19, title 'Tolice Ordinances" of the Baltimore City 
Code (1976 Edition, as amended) be and are hereby 
repealed: 

Article 19 

Police Ordinances 

[106. False information. 

No person shall, in purchasing or otherwise securing 
delivery of a pistol, or in registering the same, give false 
information or offer false evidence of his identity. 

107. Target shooters; licensed retailers. 

Nothing in the preceding sections shall be construed to 
prevent a target shooter from carrying anywhere within 
the City one or more target pistols with barrels at least 
four inches long or 45-caliber United States service pistol 
unloaded and in a bag, box or securely wrapped package 
but not concealed on his person, it being permissible to 
use such target pistols on any rifle range, shooting gallery 
or target range within the City. The preceding sections 
of this sub-title shall not apply to purchases by licensed 
retailers from manufacturers, wholesalers, or jobbers, or to 
purchases by wholesalers or jobbers from manufacturers. 



ORDINANCES 476 

108. Penalties. 

Any violation of any provision of the aforegoing sections 
constitutes an offense punishable by a fine of not more than 
five hundred dollars ($500.00) or imprisonment for not 
more than one year, or by both such fine and imprisonment. 

109. Legislative intent. 

It is hereby declared to be the legislative intention in 
the passage of this subtitle to further aid in the suppres- 
sion of crime and it is to be liberally construed to effectuate 
this purpose. 

110. Separability. 

If any provision of this subtitle or the application thereof 
to any person or circumstances is held invalid, such in- 
validity shall not affect other provisions or applications 
of the subtitle which can be given effect without the in- 
valid provision or application, and to this end the provi- 
sions of this subtitle are declared to be severable.] 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 326 

(Council No. 500) 

AN ORDINANCE concerning 

VANDALISM BY MINORS 

FOR the purpose of correcting the age of a minor and 
doloting the limitation oji RAISING the amount of dam- 
ages for which the minor and parents can be liable. 

BY amending 
Article 6 — Courts 
Subtitle — Vandalism 
Section 6 
Baltimore City Code (1976 Edition, as amended) 



476 ORDINANCES Ord. No. 327 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 6 of Article 6 of the Baltimore 
^City Code (1976 Edition, as amended), title "Courts", 
subtitle ''Vandalism" be and it is hereby repealed and re- 
ordained with amendments to read as follows : 

VANDALISM 

6. Parents' responsibility for children. 

Any act of wilful misconduct of a minor under [twenty- 
one] 18 years of age who is living with his parent or 
parents or legal guardian, which results in any injury to 
the property of another, shall be imputed for all purposes 
of civil damages to the parent, parents, or legal guardian 
having custody or control of the minor; and the parent, 
parents or legal guardian having custody or control of the 
minor shall be jointly and severally liable with the minor 
for any damages resulting from such wilful misconduct. 

The joint and several liability of one or both parents or 
of the legal guardian for any one act of wilful misconduct 
under this section shall be limited to actual damages E^ot 
exceeding fiw hundred dollars ($500.00)] FIVE THOU- 
SAND DOLLARS ($5,000.00) plus taxable costs. 

Sec. 2. And he it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 327 

(Council No. 525) 

AN ORDINANCE concerning 

OFF-STREET PARKING COMMISSION 

FOR the purpose of adjusting the list of municipal em- 
ployees on the Off-Street Parking Commission. 



ORDINANCES 477 

BY amending 

Article 31— Transit and Traffic 

Subtitle— Off-Street Parking 

Section 63(a) 

Baltimore City Code (1976 Edition, as amended) 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 63(a) of Article 31 of the Bal- 
timore City Code (1976 Edition, as amended) be and it is 
hereby repealed and reordained ^\ith amendments to read 
as follows: 

OFF-STREET PARKING 

63. Commission ; powers, members, duties. 

(a) Commission created, members. Pursuant to the 
power and authority vested in the Mayor and City Council 
of Baltimore by Chapter 611 of the Laws of Maiyland of 

1947, and Chapter 28 of the Laws of Maryland of 1948, 
Special Session, and by Ordinance No. 338, approved July 2, 

1948, there is hereby created a commission to be kno\\TL as 
"The Off-Street Parking Commission of Baltimore City,'* 
to consist of eleven (11) members, seven (7) of whom 
shall be the following: the Mayor or his designee, a mem- 
ber of the Citj' Council who shall be elected by that body, 
the Commissioner of Housing and Community Develop- 
ment or his designee, the Director of Planning or his 
designee, the Commissioner of Transit and Traffic or his 
designee, the Director of Finance or his designee, and the 
l[Deputy Treasurer] Director of Public Works or his 
designee, and four (4) of whom shall be persons interested 
in the development and establishment of off-street park- 
ing facilities, and other matters relating to parking, and 
who shall be appointed by the Mayor of Baltimore City 
in the manner prescribed by Section 6 of Article IV of the 
Baltimore City Charter (1964 Re\dsion). None of the per- 
sons appointed by the Mayor shall hold any other public 
office either at the time of his appointment or thereafter. 
Any person who is an officer, employee, agent or repre- 
sentative of any individual, partnership, corporation or 
association who or which is engaged in the business of 
storing, parking or sei^vicing motor vehicles, shall not be 
appointed a member of the Commission. 



478 ORDINANCES Ord. No. 328 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect upon the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 328 
(Council No. 551) 

AN ORDINANCE concerning 

REZONING— 851 McHENRY STREET 

FOR the purpose of changing the zoning for the property- 
located at 851 McHenry Street from the M-3 Zoning 
District to the R-8 Zoning District as outlined in red on 
the plats accompanying this ordinance. 

BY amending 

Zoning District Maps 

Sheet No. 54 

Article 30 — Zoning 

Baltimore City Code (1976 Edition, as amended) 

Section 1, Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 54 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1976 Edi- 
tion, as amended) title "Zoning'' be and it is hereby 
amended by changing from the M-3 Zoning District to the 
R-8 Zoning District the property located at 851 McHenry 
Street as outlined in red on the plats accompanying this 
ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The Director of Finance shall 
then transmit a copy of the ordinance and one of the plats 



ORDINANCES 479 

to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 329 
(Council No. 604) 

AN ORDINANCE concerning 

SUPPLEMENTARY APPROPRIATION- 
DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of providing a supplementary water 
utility fund appropriation in the amount of One Million 
Three Hundred Seven Thousand Dollars ($1,307,000) to 
the Department of Public Works to be used for addi- 
tional operating expenses which could not reasonably be 
anticipated at the time of formulation of the proposed 
fiscal 1981 Ordinance of Estimates. 

BY authority of 

Article VI — Board of Estimates 

Section 2(h)(3) 

Baltimore City Charter (1964 Revision as amended) 

Whereas, the money appropriated herein represents 
revenue produced by charges for water supply services in 
excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required 
to balance the budget for the fiscal year 1981 and is 
therefore available for appropriation to the Department of 
Public Works pursuant to the provisions of Article VI, 
Section 2(h) (3) of the 1964 revised Charter of Baltimore 
City; and 



480 ORDINANCES Ord. No. 329 

Whereas, the additional sum here appropriated is for 
a program included in the current Ordinance of Estimates 
and said sum is made necessary by a material change in 
circumstances since the formulation and adoption of such 
ordinance, in accordance with Article VI, Section 2(h) (3) 
of said Charter ; and 

Whereas, the supplementary water utility fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 15th day of April, 1981, all in accordance with 
Article VI, Section 2(h) (3) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2 of the 1964 revision of the Charter of Baltimore 
City as amended, the sum of One Million Three Hundred 
Seven Thousand Dollars ($1,307,000) shall be made avail- 
able to the Department of Public Works as a supplementary 
water utility fund appropriation for the fiscal year ending 
June 30, 1981, for the purpose of additional operating 
expenses which could not reasonably be anticipated at the 
time of formulation of the proposed fiscal 1981 Ordinance 
of Estimates. The amount thus made available as a sup- 
plementary water utility fund appropriation shall be ex- 
pended from revenue derived from charges for water sup- 
ply services in excess of the amount from this source 
which was estimated and relied upon by the Board of Esti- 
mates in determining the tax levy required to balance the 
budget for the 1981 fiscal year; and said funds shall be 
the source of revenue for this supplementary water utility 
fund appropriation, as required by Article VI, Section 2 
of the Baltimore City Charter (1964 Revision as amended) . 

Provided that said sum of One Million Three Hundred 
Seven Thousand Dollars ($1,307,000) shall be appropriated 
as follows: 

Program 546, Water Distribution, Water Meters 

and Investigation $671,000 

Program 552, Water Supply Treatment and 

Pumping 559,200 



ORDINANCES 481 

Program 553, Water Administration and 

Engineering 75,000 

Program 561, Metered Water Services 1,800 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 330 
(Council No. 622) 

AN ORDINANCE concerning 

ISSUANCE OF INDUSTRIAL DEVELOPMENT 

REVENUE BONDS— KENTUCKY-OHIO 

TRANSPORTATION CO. PROJECT 

FOR the purpose of supplementing the provisions of Or- 
dinance No. 140 of the Mayor and City Council of Bal- 
timore, passed by the City Council on July 21, 1980, 
approved by the Mayor on August 6, 1980 (''Ordinance 
No. 140") which authorized the issuance by the Mayor 
and City Council of Baltimore (the "City") of its reve- 
nue bonds designated "City of Baltimore, Industrial 
Development Revenue Bonds, 1980 Series A (Kentucky- 
Ohio Transportation Co. Project)", in an aggregate 
principal amount not exceeding thirty-five million dol- 
lars ($35,000,000), in order to loan the proceeds to 
Kentucky-Ohio Transportation Co., an indirect wholly- 
owned subsidiary of Occidental Petroleum Corporation, 
a California corporation, for the purpose of financing the 
acquisition by such corporation of certain port facilities 
in the City of Baltimore, as provided in Ordinance No. 
140; authorizing and providing for the issuance by the 
City of its revenue bonds designated "Mayor and City 
Council of Baltimore, Industrial Development Revenue 
Bonds (Kentucky-Ohio Transportation Co. Project)", in 



482 ORDINANCES Ord. No. 330 

an aggregate principal amount not exceeding one hun- 
dred million dollars ($100,000,000), (inclusive of the 
$35,000,000 in revenue bonds authorized under Ordinance 
No. 140), in one or more series, pursuant to the provi- 
sions of Sections 266A through 266-1, inclusive, of Ar- 
ticle 41 of the Annotated Code of Maryland, in order to 
loan the proceeds to the Company (as defined in this 
Ordinance) for the acquisition and construction of cer- 
tain port facilities in the City of Baltimore, as provided 
in this Ordinance; authorizing the issuance of bonds 
to refund such revenue bonds and providing that (a) 
reference to "bonds" in this Ordinance shall include 
such refunding bonds and (b) any such refunding bonds 
shall replace that portion of the authorized face amount 
of bonds previously issued hereunder which such re- 
funding bonds will refund and shall not be deemed to 
reduce the maximum authorized face amount of bonds 
permitted to be issued hereunder; confirming, restating 
and augmenting certain findings and provisions of Ordi- 
nance No. 140; making certain legislative findings, 
among others, concerning the public benefit and pur- 
pose of the revenue bonds; providing that such revenue 
bonds (a) shall be payable solely and only from revenue 
derived from payments to the City on account of such 
loan and (b) shall not ever constitute within the mean- 
ing of any constitutional or charter provision or other- 
wise (i) an indebtedness of the City, or any other polit- 
ical subdivision of the State of Maryland or (ii) a 
charge against the general credit or taxing powers of 
the City ; providing that the commitment made by Ordi- 
nance No. 140 and in Bill No. 147 adopted March 24, 
1980 by the City Council shall continue and that this 
Ordinance shall itself constitute a binding and enforce- 
able commitment by the City to the Company to issue 
the revenue bonds so authorized; providing that such 
revenue bonds may be issued in one or more series; 
authorizing the private (negotiated) sale of such revenue 
bonds ; providing that certain matters pertaining to such 
revenue bonds, including (without limitation) amounts 
and dates of any series of such revenue bonds, shall be 
determined administratively at or prior to the time of 
such private sale of any series of such revenue bonds; 
delegating various matters to the Board of Finance of 



ORDINANCES 483 

the City, including (without limitation) the sale of any 
series of such revenue bonds, the establishment of the 
interest rate or rates at the time of such private sale 
and the appointment of a trustee to act under this Ordi- 
nance and pursuant to a trust indenture as a trustee for 
all moneys received by the City hereunder; providing 
that there shall be determined by resolution or by other 
appropriate action all other matters pertaining to the 
issuance, sale and delivery of any series of such revenue 
bonds, including (without limitation) the provisions of 
trust between the City and the trustee, the execution of 
a trust indenture, the creation of a project fund to be 
held by the trustee and provision for its disbursement, 
provision for the investment of moneys held by the 
trustee, provision of remedies for bondholders in the 
event of default, and provision for the enactment of 
supplemental ordinances and resolutions ; providing that 
the Company and the City may accomplish the acquisi- 
tion of such port facilities utilizing various financing ar- 
rangements deemed most suitable and advisable to the 
Company and the City; providing for a period through 
August 6, 1983 during which such revenue bonds (exclu- 
sive of any refunding bonds authorized hereunder) may 
be sold and issued, unless such authorization is extended 
by the Board of Finance for an additional term not to 
exceed six months (such extension not to be unreason- 
ably withheld) ; and generally providing for and deter- 
mining various matters in connection with the authoriza- 
tion, issuance, security, sale and payment of such reve- 
nue bonds and related refunding bonds. 

RECITALS 

Sections 266A through 266-1, inclusive, of Article 41 
of the Annotated Code of Maryland, as re-enacted and 
amended (the "Enabling Legislation") constitute those 
provisions of Maryland law authorizing the issuance of 
industrial revenue bonds by all the counties and munici- 
palities of the State of Maryland (the "State") . 

The Enabling Legislation empowers the counties and 
municipalities of the State, including the Mayor and 
City Council of Baltimore (the "City"), to issue revenue 
bonds and to loan the proceeds of the sale of such 



484 ORDINANCES Ord. No. 330 

revenue bonds to an ''industrial concern" to finance the 
acquisition by such concern of "industrial buildings" and 
"port facilities", as those terms are defined in the En- 
abling Legislation. The Enabling Legislation further 
empowers the counties and cities of the State to use the 
proceeds of such revenue bonds to finance the acquisition 
or construction of "industrial buildings" and "port fa- 
cilities" and to lease or sell by installment sale those 
facilities so acquired to "industrial concerns." The En- 
abling Legislation declares it to be the legislative pur- 
pose to relieve conditions of unemployment in the State, 
to encourage the increase of industry and a balanced 
economy in the State, to assist in the retention of exist- 
ing industry in the State, to promote economic develop- 
ment, to reduce pollution of the environment and protect 
natural resources, and in this manner to promote the 
health, welfare and safety of the residents of each of the 
counties and municipalities of the State. 

Ordinance No. 140 of the City, passed by the City 
Council on July 21, 1980 and approved by the Mayor on 
August 6, 1980, ("Ordinance No. 140"), by its terms, 
constituted a binding and enforceable commitment by 
the City to issue its revenue bonds pursuant to the En- 
abling Legislation and either to loan the proceeds to 
Kentucky-Ohio Transportation Co. or to lease the facili- 
ties financed with the proceeds of the revenue bonds 
to such corporation, in order to finance the acquisition 
(as defined in the Enabling Legislation) of certain port 
facilities in the City of Baltimore, Maryland. Ordinance 
No. 140 re-affirmed the City's intention to issue the reve- 
nue bonds as expressed in Bill No. 147 adopted March 
24, 1980 by the City Council ("Bill No. 147"). 

Since July, 1980, Kentucky-Ohio Transportation Co. 
and Occidental Petroleum Corporation, a California cor- 
poration ("Occidental"), through active planning for 
and development of such port facilities, have been able 
to provide (i) refinement in the scope of the planned 
facilities, allowing better utilization of the facilities and 
offering additional coal handling capacity (the "Port 
Facilities") and (ii) a supplemented financing and se- 
curity structure which could prove advantageous to the 
City, Kentucky-Ohio Transportation Co. and Occidental, 



ORDINANCES 485 

especially during a period of severe market fluctuation 
and uncertainty (the ''Financing Structure"). There- 
fore, Kentucky-Ohio Transportation Co. has approached 
the City to present the plan for the Port Facilities and 
the Financing Structure as a supplement to Ordinance 
No. 140. The City has deteiTnined that such supplemen- 
tation \^dll better implement the spirit and intent of 
Bill No. 147 and Ordinance No. 140 and is in the best 
interests of the City, the citizens of the City of Baltimore 
and the citizens of the State. It is the present pui-pose 
and intent of the City that Bill No. 147 and Ordinance 
No. 140, as supplemented by this Ordinance, continue to 
constitute a binding and enforceable commitment of the 
City to issue its revenue bonds to finance the Port 
Facilities. 

Thus, the City has determined to implement further 
its existing comimitment under Bill No. 147 and Ordi- 
nance No. 140 to issue revenue bonds to finance the 
Port Facilities, by supplementing its authorization to 
issue revenue bonds under Ordinance No. 140, by au- 
thorizing the issuance and sale of not exceeding $100,- 
000,000 aggregate principal amount of its "Mayor and 
City Council of Baltimore, Industrial Development Reve- 
nue Bonds (Kentucky-Ohio Transportation Co. Project)" 
(the ''Bonds"), in one or more series, and to loan the 
proceeds of the Bonds, utilizing the Financing Structure, 
in order to finance the acquisition and construction of 
the Port Facilities to relieve conditions of unemplo^Tnent 
in the State, to encourage the increase of industry and 
a balanced economy in the State, to assist in the reten- 
tion of existing industry in the State, to promote eco- 
nomic development, to reduce pollution of the environ- 
ment and protect natural resources, and in this manner 
to promote the health and welfare of the residents of the 
City of Baltimore and the State. 

Kentucky-Ohio Transportation Co. has developed esti- 
mates of the total cost of acquisition and construction 
of the Port Facilities based on the actual costs incurred 
or contracted by such corporation since the enactment of 
Ordinance No. 140, existing technology and regulations to- 
gether with presently available studies, cost data, bidding 
data and other relevant information. Experience in the fi- 



486 ORDINANCES Ord. No. 330 

nancing and acquisition of facilities similar in nature to 
the Port Facilities has demonstrated, however, that de- 
veloping technology, changing requirements of Federal 
and State regulatory agencies, changing economic cir- 
cumstances and substantial inflation in acquisition and 
construction costs, among other matters, often render 
initial estimates of the cost of such facilities inadequate. 
Accordingly, the City has determined to authorize the 
issuance of the Bonds in an amount exceeding the pres- 
ently estimated total cost of the acquisition of the Port 
FaciMties, with the intention that no series of Bonds 
shall be issued pursuant to this Ordinance in an amount 
in excess of the cost of those Port Facilities being fi- 
nanced by such Bonds as estimated or otherwise deter- 
mined at the time of the issuance of such Bonds; pro- 
vided that any series of Bonds issued to refund Bonds 
previously issued to finance such costs shall be deemed 
to be issued for the purpose for which the former bonds 
were issued and shall not be deemed to reduce the 
maximum authorized face amount of Bonds permitted to 
be issued hereunder. (Such costs may include, without 
limitation, underwriting discount, interest during con- 
struction, if any, and financing costs such as fees of 
attorneys, accountants and other consultants.) 

The Port Facilities will be located on a tract or tracts 
of land in the vicinity of the B & Curtis Bay Terminal 
at Curtis Bay in the City of Baltimore, and will con- 
sist of the land for the Port Facilities and a dock or 
docks and related coal handling and storage facilities, 
including, without limitation, railroad tracks, railroad 
car spotters and dumpers, conveyors, storage facilities, 
additional land for storage, sampling tower, related serv- 
ice and office facilities, air and water pollution control 
facilities, roads, or other rights of access, utilities, foun- 
dations, pilings, excavations, dredgings and other neces- 
sary or desirable facilities, all related buildings, struc- 
tures, machinery, devices, furnishings and equipment 
for the receiving of coal by rail, the unloading and 
transfen-ing of coal to ground storage or to ocean going 
vessels, and the reclaiming of coal from storage for 
transshipment, and all improvements, modifications and 
additions to all or any portion of the Port Facilities, 



ORDINANCES 487 

whether such Facilities are now in existence or are 
hereafter acquired, constructed or come into existence, 
as such port facilities may be modified or supplemented 
from time to time as provided in this Ordinance. 

This Ordinance ratifies and reaffirms the transaction 
(now more fully detailed) which Kentucky-Ohio Trans- 
portation Co. proposed to the City by a letter of intent 
dated April 17, 1980, as restated by a letter dated April 
27, 1981, in accordance \\dth Section 266B(d) of the 
Enabling Legislation. 

As used hereinafter in this Ordinance, ^'Company'* 
shall refer to (i) Kentucky-Ohio Transportation Co., 
(ii) Occidental, (iii) any direct or indirect wholly- 
owTied subsidiary of Occidental, or (iv) any entity or- 
ganized to facilitate the Financing Structure for the 
purpose of acquiring and constructing the Port Facilities, 
either alone or in any arrangement (including a lever- 
aged lease financing or other financing arrangement) 
with any of the entities set forth in items (i), (ii), (iii) 
and (iv) of this paragraph. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, the City, acting pursuant to the En- 
abling Legislation, hereby confirms, restates and augments 
the findings set forth in Ordinance No. 140; and it is 
hereby found and deteimined, as follows : 

1. The issuance of revenue bonds by the City pursuant 
to the Enabling Legislation in order to loan the proceeds 
to the Company for the purpose of acquiring, rehabilitat- 
ing, remodeling, extending and improving the Port Fa- 
cilities ^vill facilitate and expedite the acquisition, rehabili- 
tation, remodeling, extension and improvement of the Port 
Facilities by the Company; 

2. The accomplishment of the transaction contemplated 
and authorized by this Ordinance, including (without 
limitation) the acquisition, rehabilitation, remodeling, ex- 
tension and improvement of the Port Facilities by the 
Company and the financing thereof ^\ill (i) sustain and 
increase jobs and employment, thereby relieving conditions 
of unemployment in the State and in the City of Baltimore; 
(ii) encourage the increase of industry and a balanced 



488 ORDINANCES Ord. No. 330 

economy in the State and in the City of Baltimore; (iii) 
assist in the retention of existing industry in the State 
and in the City of Baltimore or in attracting new industry 
to the State and the City of Baltimore; (iv) promote 
economic development; (v) reduce pollution of the en- 
vironment and protect natural resources; and (vi) promote 
the health, welfare and safety of the residents of the State 
and of the City of Baltimore. 

3. In addition to authorizing the City itself to acquire 
and either to lease or to sell such facilities to an industrial 
concern, the Enabling Legislation, as an alternative pro- 
cedure, authorizes financing of the Port Facilities to be 
accomplished in the form of a loan to the industrial con- 
cern. It is hereby determined by the City to be in the best 
interests of the citizens of the City of Baltimore to finance 
the Port Facilities by a loan to the Company. This Ordi- 
nance further contemplates and authorizes the assignment 
of the City's interest in the payments made and security 
provided pursuant to the Financing Documents (defined 
hereinafter) to a trustee pursuant to a trust indenture (the 
"Indenture'^ . 

4. Neither the Bonds nor interest coupons issued under 
the authority of the Enabling Legislation constitute an 
indebtedness of the City, the State or any other political 
subdivision thereof, or a charge against the general credit 
or taxing powers of any of them within the meaning of 
any constitutional provision, provisions of the City Charter 
or statutory limitation, and shall never constitute or give 
rise to any pecuniary liability of the City, the State or any 
other political subdivision thereof. The principal amount 
of the payments to be made by the Company (whether 
as scheduled, at maturity, upon acceleration, upon default 
or otherwise) pursuant to a financing agreement or any 
other document constituting a part of the Financing 
Structure executed pursuant to this Ordinance (collectively, 
the "Financing Documents'*) will be, by the terms of 
the Indenture, assigned to, and will be disbursed by, the 
independent trustee appointed by the City Council or 
Board of Finance of the City pursuant hereto; no such 
moneys will be commingled with the City's funds or be 
subject to the absolute control of the City but only to such 
limited supervision and checks as are deemed necessary 



ORDINANCES 489 

or desirable to insure that the proceeds of the Bonds are 
used to accomplish the public purposes of the Enabling 
Legislation and this Ordinance. The public purposes of the 
Enabling Legislation are intended to be achieved by fa- 
cilitating the acquisition, rehabilitation, remodeling, ex- 
tension and improvement of the Port Facilities by the 
Company. 

5. The City will acquire no interest in the Port Facili- 
ties (except that, when the Bonds are issued, the City 
may be granted a lien or security interest pursuant to the 
Financing Documents) for the purpose of creating any 
security for the Bonds, which security shall be solely and 
exclusively the absolute, irrevocable, unconditional obliga- 
tion of the Company to make the payments required by 
the Financing Documents. 

Accordingly, this Ordinance definitely determines that 
the amount of revenue necessary to be set apai't and 
applied to the payment of principal, interest and premium, 
if any, of the Bonds shall be the entire amount of the 
receipts and revenues of the City from payments under 
the Financing Documents, except for any rights of the 
City to indemnification and to payments for the City's 
administrative expenses. The Financing Documents may 
provide for additional security to be granted for the Bonds 
so long as such security is consistent with the purpose and 
intent of the Enabling Legislation. 

6. No part or proportion of the receipts and revenues 
of the City from the payments under the Financing Docu- 
ments shall be set aside as a depreciation account (men- 
tioned in the Enabling Legislation) since the City finds 
it unnecessary to create, either in its own behalf or on 
behalf of the holders of any Bonds, an interest in the 
Port Facilities and such a depreciation account would (i) 
be inconsistent with the transactions authorized hereby 
and (ii) place an unreasonable burden on the Company 
so as to adversely affect the feasibility of the transactions 
and thus frustrate the legislative purposes of the Enabling 
Legislation. 

7. The Financing Structure shall consist of a loan of 
the proceeds of the Bonds to the Company and any agree- 
ment, transaction or arrangement among the entities con- 



490 ORDINANCES Ord. No. 330 

stituting the Company which permits the acquisition and 
construction of the Port Facilities in a manner most 
beneficial to the City and any such entity. The Financing 
Structure may include, without limitation, a combination 
of interim and long" term financing, advances of Bond 
proceeds or any other amounts between or among such 
entities to accomplish the acquisition of the Port Facilities, 
equity investment and participation (by one or more per- 
sons or entities) in the financing of the Port Facilities, 
the mortgaging of all or any part of the Port Facilities to 
the City for assignment to the Bond trustee and the leasing 
or sub-leasing of all or any part of the Port Facilities by 
or among any such entities. It is intended that the specific 
financing structure contemplated for any series of Bonds 
shall be set forth in the Administrative Resolution (de- 
fined herein) implementing this Ordinance with respect to 
such series of Bonds. 

Sec. 2. And be it further ordained, That this Ordinance 
is intended to be, and shall constitute an affirmation of 
the City's intent to issue the Bonds as expressed in Bill 
No. 147 and Ordinance No. 140, and a continuation of the 
binding and enforceable commitment by the City to the 
Company to issue, deliver and sell the Bonds authorized 
hereby for the financing of the Port Facilities. 

Sec. 3. And he it further ordained, That the issuance, 
sale and delivery of not exceeding $100,000,000 aggregate 
principal amount of revenue bonds, hereby designated 
"Mayor and City Council of Baltimore, Industrial Develop- 
ment Revenue Bonds (Kentucky-Ohio Transportation Co. 
Project) '\ are hereby authorized, subject to the provisions 
of this Ordinance, the Enabling Legislation and the In- 
denture, such Bonds to be payable from, and secured by, 
the revenue derived from payments made by the Com- 
pany pursuant to the Financing Documents and the pro- 
ceeds, if any, of any other security granted for the Bonds 
pursuant to the Financing Documents. In the event that 
the credit of Occidental is extended in connection with 
the Financing Structure, as contemplated by the letter of 
intent dated April 17, 1980, then the name of Occidental 
Petroleum Corporation may be shown in the name of the 
Bonds to disclose such fact. 



ORDINANCES 491 

The aggregate principal amount of Bonds issued, sold 
and delivered pursuant to Ordinance No. 140 and this 
Ordinance shall not exceed $100,000,000, unless such 
amount shall be increased by an ordinance supplemental 
hereto ; provided that any series of Bonds issued hereunder 
to refund any series of Bonds previously issued hereunder 
shall replace that portion of the authorized face amount 
of Bonds previously issued and shall not be deemed to 
reduce the maximum authorized face amount of Bonds 
permitted to be issued hereunder. 

The Bonds authorized by this Ordinance may be issued 
in one or more series, and each such series shall be 
identified by a letter designation. The Bonds may be further 
identified by the year of issue or such other appropriate 
designation as may be determined by the administrative 
resolution or resolutions adopted prior to the delivery of 
the Bonds by the City Council or the Board of Finance, 
as the case may be (collectively, the "Administrative Reso- 
lution"). The designation of the Bonds may be changed 
in the Administrative Resolution to reflect the nature of 
the Bonds as port facilities bonds. The aggregate principal 
amount of Bonds of any series shall be determined by the 
Administrative Resolution adopted prior to the delivery 
of the Bonds. 

The obligation to repay the loan of the proceeds of the 
Bonds shall be evidenced by an unconditional obligation in 
the Financing Documents or a note or other instrument 
which the City and the Company deem to be suflficient 
for such purpose. In the event more than one series of 
Bonds are issued hereunder, it is contemplated that a sepa- 
rate obligation or series (which may be evidenced by a 
single instrument) of notes or other instruments of the 
Company (evidencing the obligation of the Company to 
repay the loan from the City) be issued to correspond with, 
and secure, each separate series of Bonds issued hereunder. 

The bonds of a series of Bonds shall be dated as of the 
first day of the month next following the date on which 
such series of Bonds is sold unless a different date shall 
be set in the Administrative Resolution. Such Bonds shall 
bear interest at a rate or rates, payable semi-annually, to 
be determined in the Administrative Resolution. 



492 ORDINANCES Ord. No. 330 

The bonds of each series of Bonds issued hereunder 
shall mature on such date or dates as may be determined 
in the Administrative Resolution, but the last maturity 
of any such series of Bonds shall in no event exceed a 
period of thirty (30) years from the date of issuance of 
such series of Bonds (or such later date as may be per- 
mitted under the terms of the Enabling Legislation in 
effect on the date of such series of Bonds). If no maturity 
or maturities for a series of Bonds is determined in the 
Administrative Resolution all of the Bonds of such series 
shall mature on the date thirty (30) years from the date 
of such series of Bonds (or such later date as may be 
permitted under the terms of the Enabling Legislation in 
effect on the date of such series of Bonds). 

Sec. 4. And he it further ordained, That the authority 
hereunder to issue the Bonds is intended and shall be 
deemed to include the authority to issue refunding bonds 
pursuant to the Enabling Legislation. References in this 
Ordinance to the "Bonds'^ shall include such refunding 
bonds where appropriate. Prior to the issuance, sale and 
delivery of any series of refunding bonds, the Board of 
Finance or the City Council, as the case may be, shall 
adopt a resolution or resolutions which shall prescribe the 
maturity or maturities, interest rate or rates and other 
terms of such bonds and the price or prices at which such 
bonds will be sold. It is hereby found and determined that 
the best interests of the City will be served by selling such 
bonds by private negotiation by the City with a prospective 
purchaser (s), placement agent (s) or underwriter (s), as 
authorized by the said Section 12, unless, upon request of 
the Company, such resolution or resolutions provide that 
such bonds shall be sold at public sale. 

Any resolution or resolutions adopted pursuant to this 
Section of this Ordinance shall be deemed to be of an 
administrative nature and shall be effective upon approval 
by the Mayor or the Acting Mayor of the City. 

Any series of Bonds issued hereunder to refund any 
series of Bonds previously issued hereunder shall replace 
that portion of the authorized face amount of Bonds pre- 
viously issued and shall not be deemed to reduce the 



ORDINANCES 493 

maximum authorized face amount of Bonds permitted to 
be issued hereunder. 

Sec. 5. And be it further ordained, That, prior to the 
delivery of any series of Bonds, the Administrative Reso- 
lution shall prescribe the Financing Structure to be em- 
ployed with respect to the Port Facilities, the principal 
amount of Bonds to be issued as a series and the maturity 
or maturities, redemption provisions, and the sinking fund 
requirements, if any, for such series of Bonds. 

Prior to the delivery of any series of Bonds, the Ad- 
ministrative Resolution may prescribe (i) the date of issue 
of such series of Bonds, (ii) any additional terms neces- 
sary or appropriate to reflect any matters provided by 
resolution and (iii) such other matters as may be deemed 
appropriate by the City Council or the Board of Finance, 
as the case may be. 

The Administrative Resolution as contemplated in this 
Section 5 and in Sections 6, 7 and 8 shall be adopted by 
the Board of Finance, unless otherwise adopted by the 
City Council. The Administrative Resolution adopted pur- 
suant to this Ordinance shall be deemed to be of an ad- 
ministrative nature and shall be effective upon approval 
by the Mayor or Acting Mayor of the City. 

Sec. 6. And he it further ordained, That it is hereby 
found and determined that the best interests of the City 
will be served by selling the Bonds at private sale as 
authorized by the Enabling Legislation, upon the terms 
and conditions determined by the Board of Finance as 
hereinafter authorized. 

(i) Authority is hereby conferred on the Board of 
Finance of the City to take the following actions and to 
make the following commitments on behalf of the City for 
each series of Bonds: 

a. to determine the date, time and place when a pur- 
chase, placement or underwriting agreement shall be sub- 
mitted by the purchaser (s), placement agent (s) or under- 
writer (s) for the Bonds, such agreement to specify the 
interest rate or rates proposed to be paid on the Bonds, 
the price at which such Bonds are to be sold, and such 



494 ORDINANCES Ord. No. 330 

other matters as the purchaser (s), placement agent (s) or 
underwriter (s) and such Board of Finance may deem 
necessary or desirable in order to effect the sale and 
delivery of the Bonds ; 

b. to determine the interest rate or rates to be paid 
by the City on the Bonds in accordance with the proposed 
purchase, placement or underwriting agreement submitted 
by the purchaser (s) , placement agent (s) or underwriter (s) 
for the Bonds, but only after the Company shall have 
given the City written approval of such rate or rates; 

c. to appoint a bank having trust powers or a trust 
company, with the concurrence of the Company, as trustee 
for the Bonds to be issued pursuant to this Ordinance and 
to assign to such trustee, pursuant to the Indenture, the 
City's interest in the payments under the Financing Docu- 
ments and any other security granted for the Bonds pur- 
suant to the Financing Documents ; and 

d. in order to insure that such Bonds are issued without 
direct cost to the City, to provide for the payment, directly 
by the Company, of all costs, fees and expenses incurred 
by or on behalf of the City in connection with the issuance 
of the Bonds, such payment to include (without limitation) 
compensation to any persons performing services by or 
on behalf of the City in connection with the transactions 
contemplated by this Ordinance. 

(ii) Authority is hereby conferred on the Mayor or 
Acting Mayor of the City to take the following actions 
and to make the following commitments on behalf of the 
City: 

a. to execute and deliver a financing agreement by 
and between the City and the Company in the form de- 
termined by Administrative Resolution; 

b. to execute and deliver, as a binding and enforceable 
obligation of the City, the purchase, placement or under- 
writing agreement for the Bonds by and between the City 
and the purchaser (s), placement agent (s) or under- 
writer (s) for the Bonds and to proceed to accomplish any 
and all actions necessary or deemed appropriate by any of 
them to issue and deliver the Bonds to such purchaser (s), 
placement agent (s) or underwriter (s) in accordance with 
the provisions of this Ordinance and such agreement ; 



ORDINANCES 495 

c. to execute and deliver the Indenture as a binding 
and enforceable obligation of the City in the form deter- 
mined by the Administrative Resolution; and 

d. to execute and deliver, as binding and enforceable 
obligations of the City, any of the Financing Documents 
requiring such execution which are approved by the Ad- 
ministrative Resolution. 

Sec. 7. And he it further ordained, That, in authorizing 
the sale of revenue bonds to finance the Port Facilities 
for the Company pursuant to the Enabling Legislation, the 
City is hereby empowered to provide that the revenue 
bonds authorized by this Ordinance and any revenue bonds 
authorized for such purpose by other ordinances, may be 
consolidated and sold as one or more issues or series of 
revenue bonds, ^vithout regard to the date of enactment 
of any ordinance authonzing the issuance of such revenue 
bonds. The aggregate principal amount of revenue bonds 
authorized by this Ordinance may be increased, from time 
to time, and the description of the Port Facilities may be 
supplemented or modified by ordinances supplemental to 
this Ordinance. Nothing contained in this Ordinance is 
intended to require the adoption of an ordinance supple- 
mental to this Ordinance to authorize the deletion of any 
one or more items of the industrial facilities constituting 
the Port Facilities. The City is hereby expressly authorized, 
in its discretion and based upon its determinations and 
the recommendations of the Company from time to time, 
to delete any part of the Port Facilities from the Port 
Facilities to be financed by revenue bonds issued pursuant 
to this Ordinance. It is the purpose and intent of this 
section that the City be afforded broad discretion in the 
structuring and scheduling of revenue bond issues, whether 
authorized by this Ordinance or othenvise, to finance the 
Port Facilities for the Company in order that the public 
purpose of the Enabling Legislation and this Ordinance 
may be realized. 

Sec. 8. And he it further ordained, That, prior to the 
sale of any series of Bonds, the Administrative Resolution 
or other appropriate action of the City Council or Board 
of Finance may determine : 



496 ORDINANCES Ord. No. 330 

1. the provisions of trust and the terms of the Inden- 
ture between the City and the trustee ; 

2. the manner of execution, authentication, registra- 
tion and transfer of the Bonds ; 

3. provisions for authentication and delivery of the 
Bonds ; 

4. the provisions of any financing agreement between 
the City and the Company ; 

5. the terms of the obligation, agreement or note or 
notes or other evidence of the obligation of the Company 
entered into or issued for each series of Bonds; 

6. the terms of the Financing Documents or any sup- 
plemental or amended Financing Documents or other se- 
curity for the Bonds ; 

7. the provisions of any purchase, placement or under- 
writing agreement between the City and the purchaser (s), 
placement agent (s) or underwriter (s) of the Bonds; 

8. provision for creation, holding and disbursement of 
a project fund to be held by the trustee ; 

9. provisions for creation, holding and disbursement 
of any other funds and accounts to be held by the trustee ; 

10. provisions for the application of receipts and reve- 
nues from the Company on account of the financing ; 

11. provisions for the investment of moneys held by 
the trustee; 

12. the details of the procedure for the redemption of 
the Bonds ; 

13. remedies for holders of the Bonds in the event of 
default ; 

14. the duties, rights and immunities of the trustee; 

15. the manner of execution of instruments by the 
holders of the Bonds and the methods of proof of owner- 
ship of the Bonds ; 

16. provisions for modification of this Ordinance, any 
financing agreement, any Financing Document, the Inden- 



ORDINANCES 497 

ture and any resolution or other action of the Mayor, City 
Council and Board of Finance pertaining to the Bonds ; 

17. provisions for defeasance; 

18. the forms of the Bonds, coupons and the trustee's 
authentication certificate; and 

19. such other matters in connection with the authori- 
zation, issuance, security, sale and payment of the Bonds 
as may be deemed appropriate by the City Council or the 
Board of Finance. 

Sec. 9. And be it further ordained, That if the Bonds 
are not issued and sold prior to August 6, 1983, the au- 
thorization provided in this Ordinance for the City to 
issue and sell the Bonds shall expire; provided, however, 
that the Board of Finance of the City may, after a showing 
of good cause at a public hearing held before the Board 
of Finance, extend such authorization for one additional 
term not to exceed six months. The Board of Finance, in 
its sole discretion, shall determine the sufficiency, or lack 
thereof, of the reasons presented for any requested exten- 
sion of this Ordinance, but approval of such requested 
extension shall not be unreasonably withheld. If an ex- 
tension is granted, notice of such extension and the reasons 
therefor shall be sent to the City Council. 

The requirement to issue Bonds during the period 
through August 6, 1983 set forth in this Section 9 shall 
pertain only to the original issuance of Bonds hereunder 
and shall not pertain to any series of refunding Bonds 
issued hereunder. 

If any series of Bonds is issued under this Ordinance 
during the period through August 6, 1983, all remaining 
authority to issue Bonds contained in this Ordinance shall 
continue to be effective and shall not expire. 

Sec. 10. And he it further ordained, That the provisions 
of this Ordinance are severable, and if any provision, 
sentence, clause, section or part thereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity, unconstitution- 
ality or inapplicability shall not affect or impair any of 



498 ORDINANCES Ord. No. 331 

the remaining provisions, sentences, clauses, sections or 
parts of the Ordinance or their application to other per- 
sons or circumstances. It is hereby declared to be the 
legislative intent that this Ordinance would have been 
adopted if such illegal, invalid or unconstitutional provi- 
sion, sentence, clause, section or part had not been included 
herein. 

Sec. 11. And be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved June 11, 1981. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 331 
(Council No. 637) 

AN ORDINANCE concerning 

INDUSTRIAL DEVELOPMENT REVENUE BONDS 

(30 SOUTH CALVERT ASSOCIATES 

LIMITED PARTNERSHIP PROJECT) 

FOR the purpose of (a) authorizing and empowering 
Mayor and City Council of Baltimore to issue and sell, 
at any time or from time to time and in one or more 
series, as limited obligations of the City and not upon 
its full faith and credit, its industrial development reve- 
nue bonds in an aggregate principal amount not ex- 
ceeding $800,000.00 pursuant to the provisions of Sub- 
section (50) of Article II of the Charter of Baltimore 
City (1964 Revision), as amended, for the sole and ex- 
clusive purpose of financing the costs of the completion 
by 30 South Calvert Associates Limited Partnership of 
a certain project consisting of the acquisition of the real 
property located at 30 South Calvert Street in the City 
of Baltimore, Maryland (including the existing improve- 
ments thereon), the renovation of certain improvements 
thereon, and the purchase and installation of certain 
machinery and equipment therein, to be owned by the 



ORDINANCES 499 

Borrower and leased to one or more tenants for use as 
office and commercial facilities; (b) authorizing the 
Mayor of the City, on the City's behalf, to accept the 
letter of intent dated April 6, 1981, from the Borrower 
to the City; (c) making certain legislative findings; (d) 
authorizing and empowering the City's Board of Finance 
by one or more resolutions adopted before the issuance, 
sale and delivery of any series of such bonds, to (i) 
prescribe, among other things but not limited to, the 
form, terms, provisions, manner or method of issuing 
and selling such bonds (including one or more negoti- 
ated or competitive bid sales) , the time or times of their 
issuance, and any and all other details of such bonds, 
and (ii) do any and all things necessary, proper or 
expedient in connection with the issuance and sale of 
such bonds; (e) authorizing the Board to adopt one or 
more supplemental resolutions for certain purposes; (f) 
authorizing the issuance of notes in anticipation of the 
issuance of such bonds ; (g) providing that the Borrower 
shall agree to submit any plans and specifications to, and 
to cooperate with, the City's Department of Housing 
and Community Development in connection with the 
completion of such project; (h) providing that such 
bonds or bond anticipation notes must be issued and sold 
within six (6) months from the date on which this Ordi- 
nance is approved by the Mayor, unless the Board ap- 
proves one six-month extension as provided in this Ordi- 
nance; and (i) generally providing for and determining 
various matters and details in connection with the is- 
suance and sale of such bonds and bond anticipation 
notes. 

RECITALS 

Article II, subsection (50) of the Charter of Balti- 
more City (1964 Revision), as amended (hereinafter re- 
ferred to as *'the Enabling Law"), empowers Mayor 
and City Council of Baltimore (herein referred to as 
''the City") to borrow money to finance undertakings 
for the accomplishment of any of the City's purposes, 
objects and powers and in connection therewith to issue 
bonds, notes or other obligations (including refunding 
bonds, notes or other obligations), all of which shall be 



500 ORDINANCES OrcL No. 331 

fully negotiable and payable, as to both principal and 
interest, solely from and secured solely by a pledge of 
any one or more of (a) the revenues fi'om or arising in 
connection with the property, facihties, developments 
and improvements whose financing is undertaken by the 
issuance of such bonds, notes or other obligations, (b) 
the revenues from or arising in connection with any 
contracts, mortgages or other securities, purchased or 
otherwise acquired with the proceeds of such bonds, notes 
or other obligations, or (c) the contracts, mortgages or 
other securities purchased or otherwise acquired with 
the proceeds of such bonds, notes or other obligations. 
The purposes, objects and powers of the City contem- 
plated by the Enabling Law include the relief of condi- 
tions of unemploj-ment in the City of Baltimore, Mary- 
land, encouraging the increase of industry- and a balanced 
economy therein, prom.oting economic development 
therein, and promoting the health, welfare and safety 
of the residents thereof. 

The City has received a letter of intent dated April 6, 
1981 (hereinafter referred to as "the Letter of Intent") 
from 30 South Calvert Associates Limited Partnership, 
a limited partnership organized and existing under the 
law of Marviand (herein referred to as "the Borrower") , 
pursuant to which the Borrower has requested the City 
to participate in financing the costs of the Borrower's 
completion of a certain project in the City of Baltimore, 
Mar\iand (herein referred to as "the Project"), by is- 
suing and selling the City's industrial development reve- 
nue bonds in an aggregate principal sum not exceeding 
S800,000.00 (hereinafter referred to as "the Bonds"), 
and by making the proceeds of the Bonds available to 
the Borrower to be used by the Borrower for the sole 
and exclusive purpose of financing the costs of the 
Borrov/er's completion of the Project. 

The Project will consist generally of (a) the acquisi- 
tion of a tract of land located at 30 South Calvert Street, 
Baltimore, Maryland, and the existing improvements 
thereon (consisting of, among other things, a seven- 
story building containing approximately 14,000 square 
feet of floor area), (b) the renovation of such existing 



ORDIXAXCES 501 

improvements for oir. : r s :. ■ . f . . .\ . .- : .• : e . ( c ) the 

acquisition, construction and :. -: ::on in such im- 
pi*ovements of such r.:::::v"r.e:-v .-. r ./-'^Tnent, and such 
other improvements, ..i ::..;:•' :e :.r :5f. .y or useful in 
connection with the opera don there::. ;.::: -^- The ac- 
quisition of such other irteres:? ::: -..::: :.:i.i:n^. by 
way of example leather :: .:: : . v :..: : ..Is. rig^hts 
of access, utilities :^:: ' rv ::e-:ess^r.- 5 :f ;:r •:;-•:: 
facilities) as may be ; r.rss.:: or sii::.\ : f : : : : :f- 
g'oing purposes. Upon its co:v/:.f :::::. :':e ?:: e:: .. "lv 
owned by the BoiTOwer r.:.^ t;.5f :' :: e : " ::e :f ::..:::5 
for use as offices and con::::e: :.:. :;. : .::f5. T/.e ?::::;: 
anticipates that one such tenant wiii be Dalsemer. Ciucer. 
and Associates. Inc., the pr::.:':^:^.'.? of which :^.:'e .-.'s: 
principals of the Borrower. T :f ::.f :::::es of ::':e: sub- 
tenant^ have not ye: bee:: o.e:ei:::i::ci. 

The Eneabling Law provi.'rs ::.:: t'o City may au- 
thorize and empower the C:r s S :;.::. :; Finance « here- 
in referred to as "the Board") by i-esolution to de- 
termine and set foith the fomi. terms. pro\'isions. 
manner or method of issuing: and selling the Bor.ds {in- 
ckiding" one or more necrotiated or competitive I :. s /es'^ . 
the time or times of their issuance, and ;-.':" .:" : ./. ::::er 
details of the Bonds and the issuance ::/ 5: e :/r:e::. 
and to do any and all thin^rs neoessaiy. : : : r: or ex- 
pedient in connection with the issuance a::.i .v.'.e 0: the 
Bonds, 

XOW. THEREFORE. IX ACCOKPAXCE WITH 
THE PROVISION'S OF THE EXABLIXCt LAW. 

Section 1. Et it o-dc'-.-^ r:. :'::■ 3L:: /■ .:-o L:'r; iL-o:o:': 
of Baltimore, That, acting pui"suant : :::e v -^visions of 
the Enabliiicf Law, it is heivby found .::::. ic::e:::::ned that 

1.1. The City's issuance and sale of the Bonds pui-suant 
to the provisions of the Enabling* Law in order to make 
the proceeds thereof available to the F::':\ v ::* :\^:- : •:^ 5.^'e 
and exclusive purix^se of financing t::o .\ <:< 0: v-^- :'::.;:: 
of the Project vriW facilitate and expedite such co U: on. 

1.2. The Borro\^-ers completion of the Pivlect and the 
financing of the costs thei-eof as provided in this Ordi- 



502 ORDINANCES Ord. No. 331 

nance will serve to promote the general purposes contem- 
plated by the Enabling Law by (a) sustaining and in- 
creasing jobs and employment in the City of Baltimore, 
(b) promoting economic development therein, and (c) en- 
couraging the increase of industry and a balanced economy 
therein. 

1.3. The Bonds shall not be general obligations of the 
City, shall not be a pledge of or involve the City's faith and 
credit or taxing power, and shall not constitute a debt of 
the City, all mthin the meaning of the provisions of Ar- 
ticle XI, section 7 of the Constitution of Maryland or any 
other constitutional, statutory or charter provision limiting 
or restricting the sale or issuance of the City's bonds, notes 
or other obligations. The Bonds shall be limited obligations 
of the City, shall be fully negotiable, and shall be payable, 
as to both principal and interest, solely from and secured 
solely by a pledge any one or more of (a) the revenues 
from or arising in connection with the Project, (b) the 
revenues from or arising in connection with any contracts, 
mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, (c) the contracts, 
mortgages or other securities purchased or otherwise ac- 
quired with the proceeds of the Bonds, all as the Board 
may approve by one or more resolutions adopted before 
the issuance, sale and delivery of any of the Bonds. 

Sec. 2. And be it further ordained, That the City is 
hereby authorized and empowered to issue and sell, at any 
time or from time to time and in one or more series, as 
limited obligations of the City and not upon its full faith 
and credit, its industrial development revenue bonds in an 
aggregate principal sum not exceeding $800,000.00, sub- 
ject to the provisions of this Ordinance. The proceeds of 
the Bonds shall be made available to the Borrower under 
terms and conditions approved by the Board and set forth 
in a resolution, and shall be used by the Borrower for the 
sole purpose of financing the costs of the completion of the 
Project. ANY PROCEEDS OF THE BONDS, AND ANY 
SUMS EARNED BY INVESTMENT OF SUCH PRO- 
CEEDS BEFORE DISBURSEMENT, WHICH PRO- 
CEEDS AND OTHER SUMS REMAIN UNDISBURSED 
AFTER MAKING PAYMENT (OR PROVISION THERE- 



ORDINANCES 503 

FOR) IN FULL OF THE COSTS OF THE COMPLE- 
TION OF THE PROJECT SHALL BE APPLIED TO 
THE REDEMPTION OF THE BONDS AT THE EAR- 
LIEST PRACTICABLE REDEMPTION DATE. 

Sec. 3. And be it further ordained, That this Ordinance 
constitutes the present intent of the City to issue the 
Bonds, and the Mayor of the City (herein referred to as 
''the Mayor") is hereby authorized to accept the Letter of 
Intent on the City's behalf to further evidence the City's 
present intent to issue the Bonds in accordance with the 
provisions of this Ordinance. 

Sec. 4. And be it further ordained, That, as permitted 
by the Enabling Law, the Board is hereby authorized and 
empowered, by one or more resolutions adopted before the 
issuance, sale and delivery of any of the Bonds, to 

4.1. prescribe, among other things but not limited to, 
the form, terms, provisions, manner or method of issuing 
and selling the Bonds (including one or more negotiated 
or competitive bid sales), the time or times of their is- 
suance, and any and all other details of the Bonds and their 
issuance and sale; 

4.2. approve (a) the City's pledge or assignment of 
any of the security described in by the provisions of Sec- 
tion 6 hereof, pursuant to a trust agreement or similar 
agreement, (b) the form of any such trust agreement or 
similar agreement, as provided in the Enabling Law, and 
(c) such provisions in any such trust agreement or similar 
agreement as the Board may deem reasonable and proper 
for the security of the holders of the Bonds ; 

4.3. approve the terms and conditions, including but 
not limited to the terms and conditions of any documents 
to be executed and delivered by the City (other than cus- 
tomary financing statements and closing certificates), 
under which the proceeds of the Bonds will be made avail- 
able to the Borrower to finance the costs of the completion 
of the Project; and 

4.4. do any and all things necessary, proper or ex- 
pedient in connection with the issuance, sale and delivery 
of the Bonds. 



504 ORDINANCES Ord. No. 331 

Sec. 5. And be it further ordained, That the Board is 
hereby authorized and empowered to adopt one or more 
resolutions from time to time, either before or after the 
issuance, sale and delivery of the Bonds, to supplement the 
resolution or resolutions referred to in the provisions of 
Sections 4 and 8 hereof, and thereby to approve amend- 
ments or supplements to or substitutes for the forms and 
provisions of the Bonds, such trust agreement or similar 
agreement and all other documents approved by such 
resolution or resolutions, provided that each such supple- 
mental resolution and each such amendment, supplement 
or substitute shall be in accordance with the provisions of 
the Enabling Law and this Ordinance. 

Sec. 6. And he it further ordained, That the Bonds shall 
not be general obligations of the City, shall not be a pledge 
of or involve the City's faith and credit or taxing power, 
and shall not constitute a debt of the City, all within the 
meaning of the provisions of Article XI, section 7 of the 
Constitution of Maryland or any other constitutional, statu- 
tory or charter provision limiting or restricting the sale 
or issuance of the City's bonds, notes or other obligations. 
The Bonds shall be limited obligations of the City, shall 
be fully negotiable, and shall be payable, as to both prin- 
cipal and interest, solely from and secured solely by a pledge 
of any one or more of (a) the revenues from or arising in 
connection with the Project, (b) the revenues from or 
arising in connection with any contracts, mortgages or 
other securities purchased or otherwise acquired with the 
proceeds of the Bonds, or (c) the contracts, mortgages or 
other securities purchased or otherwise acquired with the 
proceeds of the Bonds, all as the Board may approve by 
one or more resolutions adopted before the issuance, sale 
and delivery of any of the Bonds. 

Sec. 7. And he it further ordained, That the Bonds shall 
be executed in the City's name and on its behalf by the 
Mayor, by his manual or facsimile signature, and by the 
City's Director of Finance, by his manual or facsimile sig- 
nature, and the City's corporate seal or a facsimile thereof 
shall be impressed or otherwise reproduced thereon and 
attested by the Custodian of the City Seal, by his manual 
signature. The trust agreement or similar agreement and 



ORDINANCES 505 

all other documents approved by the resolution or resolu- 
tions referred to in the provisions of Sections 4 and 8 
hereof, and anj- and all amendments thereto approved by 
a resolution referred to in the provisions of Section 5 
hereof, shall be executed in the City's name and on its be- 
half by the Mayor by his manual signature, and the City's 
corporate seal or a facsimile thereof shall be impressed or 
othenvise reproduced thereon and attested by the Cus- 
todian of the City Seal, by his manual signature. In case 
any officer whose signature or a facsimile thereof shall 
appear on the Bonds or any of the said documents shall 
cease to be such officer before the delivery of the Bonds or 
any other such document, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes, as 
if such officer had remained in office until delivery. The 
Mayor, the City's Director of Finance, the Custodian of 
the City Seal and other officials of the City are hereby 
authorized and empowered to do all such acts and things 
and execute such documents and certificates as the Board 
may determine in the resolutions referred to in the pro- 
visions of Sections 4, 5 and 8 hereof to be necessary to 
cany out and comply with the provisions hereof. 

Sec. 8. And be it further ordained. That the authority 
to issue the Bonds is intended a